Code of Virginia

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Code of Virginia
Title 29.1. Wildlife, Inland Fisheries and Boating
Chapter 3. Licenses
6/28/2022

Article 1. Hunting, Trapping and Fishing Licenses.

§ 29.1-300. Unlawful to hunt, trap or fish without license.

It shall be unlawful to hunt, trap or fish in or on the lands or inland waters of this Commonwealth without first obtaining a license, subject to the exceptions set out in § 29.1-301.

Code 1950, § 29-51; 1987, c. 488.

§ 29.1-300.1. Certification of competence in hunter education; incentives.

A. Except as provided in subsection B and §§ 29.1-300.4 and 29.1-305.2, no hunting license shall be issued to (i) a person who has never obtained a license to hunt in any state or country, or (ii) a person who is under the age of 16, unless such a person presents to the Board or one of its authorized license vendors, a certificate of completion in hunter education issued or authorized by the Board under the hunter education program, or proof that he holds the equivalent certificate obtained from an authorized agency or association of another state or country.

B. Although a resident under the age of 12 is not required to obtain a license to hunt, any person under the age of 12, or an individual on his behalf, may purchase a Virginia hunting license or a junior lifetime hunting license pursuant to § 29.1-302.1, without completing a hunter education program as required in subsection A, provided that no person under the age of 12 shall hunt unless accompanied and directly supervised by an adult who has, on his person, a valid Virginia hunting license. The junior lifetime hunting license issued to an individual under the age of 12 shall become invalid on the individual's twelfth birthday and remain invalid until certification of competence in hunter education is shown as provided in this section. A lifetime license, indicating the completion of hunter education or an equivalent certificate, shall be reissued at no cost when such proof is provided.

The adult shall be responsible for such supervision. For the purposes of this section, "adult" means the parent or legal guardian of the person under age 12, or such person over the age of 18 designated by the parent or legal guardian.

"Accompanied and directly supervised" means that the adult is within sight of the person under the age of 12.

C. This section shall not apply to persons while on horseback hunting foxes with hounds but without firearms.

D. The Board may adopt regulations that provide incentives for successful completion of a hunter education course to hunters who are not required by law to complete such a course. The regulations may include such incentives as the Board deems appropriate.

1987, c. 83, § 29-51.1; 1988, cc. 179, 384, 474; 1989, c. 204; 1996, cc. 118, 151; 1997, c. 247; 2008, cc. 18, 416; 2014, c. 798; 2016, c. 123; 2020, c. 958.

§ 29.1-300.2. Hunter education program.

The Department shall provide for a course of instruction in hunter safety, principles of conservation, and sportsmanship, and for this purpose may cooperate with any reputable association or organization having as one of its objectives the promotion of hunter safety, principles of conservation, and sportsmanship.

The Board shall establish at least one full-time hunter education coordinator position for each of the Department's administrative regions. Each coordinator will be assigned to a conservation police officer district and have the responsibility for providing hunter education training throughout the administrative region.

The Department may designate as a hunter safety instructor any person found by it to be competent to give instruction in the courses required by this article. A person so appointed shall give such course of instruction, and, upon completion thereof, shall issue to the person instructed a certificate of competency as provided by the Board in hunter safety, principles of conservation, and sportsmanship.

The Board shall prescribe a minimum level of skill and knowledge to be required of all hunter safety instructors, and may limit the number of students per instructor in all required classes.

The Board may revoke the certificate of any instructor when, in the opinion of the Board, it is in the best interest of the Commonwealth to do so.

The Board shall promulgate rules and regulations in order to administer and enforce the provisions of §§ 29.1-300.1, 29.1-300.2, and 29.1-300.3.

1987, c. 83, § 29-51.2; 2007, c. 87; 2012, c. 763.

§ 29.1-300.3. Program fees.

No fee shall be charged for the instructor's service; however, a fee to cover the cost of giving such instruction may be charged each person participating in and receiving such instruction. A record of such expenses shall be kept for inspection by the Department. The expenses may include, but not be limited to, such items as range fees, ammunition and transportation of students.

1987, c. 83, § 29-51.3.

§ 29.1-300.4. Apprentice hunting license; deferral of hunter education.

A. There is hereby established an apprentice hunting license. The license shall be a one-time nonrenewable license that shall be valid for two years from the date of purchase and shall entitle the licensee to a one-time deferral of completion of hunter education required under § 29.1-300.1. The apprentice hunting licensee shall not hunt prior to completing hunter education unless accompanied and directly supervised by an adult over the age of 18 who has, on his person, a valid Virginia hunting license. For the purposes of this section, "accompanied and directly supervised" occurs when a person over 18 maintains a close visual and verbal contact with, provides adequate direction to, and can immediately assume control of the firearm from the apprentice hunter. The cost of the license shall be $10 for a resident and $20 for a nonresident. The Board may subsequently revise the cost of the license pursuant to § 29.1-103.

B. Possession of a valid apprentice hunting license shall serve in lieu of the state resident hunting or nonresident hunting license required under subdivisions 2 and 3 of § 29.1-303, respectively. The purchase of any other hunting licenses shall be at the same cost as specified for residents or nonresidents in this title or as subsequently revised by the Board pursuant to subdivision 16 of § 29.1-103. The purchase of the apprentice hunting license shall not qualify the holder to purchase a regular hunting license or exempt the licensee from compliance with the requirements of this title and any regulations adopted by the Department. Any previous holder of a state resident or nonresident hunting license issued under this title shall be prohibited from the purchase of an apprentice hunting license for himself.

C. Upon completion of hunter education under § 29.1-300.1, and unless otherwise required by law to be supervised, the apprentice hunting licensee may hunt unsupervised subject to the requirements of applicable state law and regulations.

D. The Board may adopt regulations to carry out the provisions of this section.

2008, cc. 18, 416; 2009, c. 9; 2014, c. 244.

§ 29.1-301. Exemptions from license requirements.

A. No license shall be required of landowners, their spouses, their children and grandchildren and the spouses of such children and grandchildren, or the landowner's parents, resident or nonresident, to hunt, trap and fish within the boundaries of their own lands and inland waters or while within such boundaries or upon any private permanent extension therefrom, to fish in any abutting public waters.

B. No license shall be required of any stockholder owning 50 percent or more of the stock of any domestic corporation owning land in this Commonwealth, his or her spouse and children and minor grandchildren, resident or nonresident, to hunt, trap and fish within the boundaries of lands and inland waters owned by the domestic corporation.

C. No license shall be required of bona fide tenants, renters or lessees to hunt, trap or fish within the boundaries of the lands or waters on which they reside or while within such boundaries or upon any private permanent extension therefrom, to fish in any abutting public waters if such individuals have the written consent of the landlord upon their person. A guest of the owner of a private fish pond shall not be required to have a fishing license to fish in such pond.

D. No license shall be required of resident or nonresident persons under 16 years of age to fish.

D1. No license shall be required of resident persons under 12 years of age to hunt, provided such person is accompanied and directly supervised by an adult who has, on his person, a valid Virginia hunting license as described in subsection B of § 29.1-300.1.

E. No license shall be required of a resident person 65 years of age or over to hunt or trap on private property in the county or city in which he resides. An annual license at a fee of $1 shall be required of a resident person 65 years of age or older to fish in any inland waters of the Commonwealth, which shall be in addition to a license to fish for trout as specified in subsection B of § 29.1-310 or a special lifetime trout fishing license as specified in § 29.1-302.4. A resident 65 years of age or older may, upon proof of age satisfactory to the Department and the payment of a $1 fee, apply for and receive from any authorized agent of the Department a nontransferable annual license permitting such person to hunt or an annual license permitting such person to trap in all cities and counties of the Commonwealth. Any lifetime license issued pursuant to this article prior to July 1, 1988, shall remain valid for the lifetime of the person to whom it was issued. Any license issued pursuant to this section includes any damage stamp required pursuant to Article 3 (§ 29.1-352 et seq.) of this chapter.

F. No license to fish shall be required of nonresident persons under 16 years of age when accompanied by a person possessing a valid license to fish in Virginia.

G. No license shall be required to trap rabbits with box traps.

H. No license shall be required of resident persons under 16 years of age to trap when accompanied by any person 18 years of age or older who possesses a valid state license to trap in this Commonwealth.

I. No license to hunt, trap or fish shall be required of any Indian who habitually resides on an Indian reservation or of a member of the Virginia recognized tribes who resides in the Commonwealth; however, such Indian must have on his person an identification card or paper signed by the chief of his tribe, a valid tribal identification card, written confirmation through a central tribal registry, or certification from a tribal office. Such card, paper, confirmation, or certification shall set forth that the person named is an actual resident upon such reservation or member of the recognized tribes in the Commonwealth, and such card, paper, confirmation or certification shall create a presumption of residence, which may be rebutted by proof of actual residence elsewhere.

J. No license to fish shall be required of legally blind persons.

K. No fishing license shall be required in any inland waters of the Commonwealth on free fishing days. The Board shall designate no more than three free fishing days in any calendar year. In the event that a free day is canceled as a result of an inclement weather event, the Board may designate another free fishing day in its place.

L. No license to fish, except for trout as provided in § 29.1-302.4 or subsection B of § 29.1-310, in Laurel Lake and Beaver Pond at Breaks Interstate Park shall be required of a resident of the State of Kentucky who (i) possesses a valid license to fish in Kentucky or (ii) is exempt under Kentucky law from the requirement of possessing a valid fishing license.

M. No license to fish, except for trout as provided in subsection B of § 29.1-310, shall be required of a member of the armed forces of the United States, on active duty, who is a resident of the Commonwealth while such person is on official leave, provided that person presents a copy of his leave papers upon request.

N. No license to hunt or fish shall be required of any person who is not hunting or fishing but is aiding a disabled person to hunt or fish when such disabled person possesses a valid Virginia hunting or fishing license under § 29.1-302, 29.1-302.1, or 29.1-302.2.

Code 1950, § 29-52; 1950, pp. 619, 627; 1954, c. 623; 1962, c. 526; 1964, c. 445; 1968, c. 673; 1974, c. 363; 1977, c. 392; 1980, cc. 494, 500; 1981, c. 16; 1985, c. 154; 1987, cc. 126, 488, 507; 1988, cc. 180, 488; 1992, c. 262; 1996, cc. 118, 151; 1997, c. 267; 2000, cc. 110, 142; 2001, cc. 49, 597; 2002, c. 67; 2004, c. 846; 2008, c. 279; 2010, c. 345; 2016, c. 63; 2018, cc. 116, 507.

§ 29.1-302. Special license for certain resident disabled veterans.

Any resident veteran who is totally and permanently disabled due to a service-connected disability as certified by the U.S. Department of Veterans Affairs may apply for and receive at no cost from the Department a nontransferable license pursuant to 4VAC15-20-65, valid for life, permitting the veteran to hunt and freshwater fish, or to hunt only or to freshwater fish only, depending on which license is purchased, on any property in the Commonwealth according to restrictions and regulations of law. However, this license shall not entitle the owner to fish in designated waters stocked with trout by the Department or other public body.

1976, c. 234, § 29-52.2; 1977, c. 167; 1985, c. 65; 1987, c. 488; 1996, c. 810; 2009, c. 9; 2012, cc. 321, 380.

§ 29.1-302.01. Special fishing license for disabled active duty military personnel.

Any resident or nonresident who is (i) on active duty military service, (ii) disabled due to service-connected disability, and (iii) receiving inpatient or outpatient medical treatment from a hospital located in Virginia, an adjoining state, or the District of Columbia may apply for and shall receive from the Department a nontransferable state license to fish as required by subsections A and B of § 29.1-310. This license shall be issued at no cost and shall be valid for one year from the date of issuance. The holder of the license shall not be eligible to receive a subsequent license issued under this section.

2010, c. 822.

§ 29.1-302.02. Special resident and nonresident hunting and fishing licenses for partially disabled veterans.

A. Any resident veteran who is rated by the U.S. Department of Veterans Affairs as having at least a 70 percent service-connected disability, upon certification, shall pay an amount equal to one-half the fee for the state resident basic hunting license required by subdivision 2 of § 29.1-303. Any nonresident veteran who is similarly rated, upon certification, shall pay an amount equal to one-half the fee for the state nonresident license required by subdivision 3 of § 29.1-303. The license fees established by this section may be revised by the Board pursuant to § 29.1-103.

B. Any resident veteran who is rated by the U.S. Department of Veterans Affairs as having at least a 70 percent service-connected disability, upon certification, shall pay an amount equal to one-half the fee for the state resident basic fishing license required by subdivision A 2 of § 29.1-310. Any nonresident veteran who is similarly rated, upon certification, shall pay an amount equal to one-half the fee for the state nonresident license required by subdivision A 3 of § 29.1-310. The license fees established by this section may be revised by the Board pursuant to § 29.1-103.

2011, c. 273; 2012, c. 244.

§ 29.1-302.03. Special licenses for certain nonresident disabled veterans.

A. Any nonresident veteran who is totally and permanently disabled due to a service-connected disability as certified by the U.S. Department of Veterans Affairs shall pay an amount equal to one-quarter the fee for the state nonresident hunting license required by subdivision 3 of § 29.1-303. The license fees established by this subsection may be revised by the Board pursuant to § 29.1-103.

B. Any nonresident veteran who is totally and permanently disabled due to a service-connected disability as certified by the U.S. Department of Veterans Affairs shall pay an amount equal to one-quarter the fee for the state nonresident fishing license required by subdivision A 3 of § 29.1-310. However, this license shall not entitle such nonresident veteran to fish in designated waters stocked with trout by the Department or other public body. The license fees established by this subsection may be revised by the Board pursuant to § 29.1-103.

2014, c. 587.

§ 29.1-302.1. Special lifetime hunting and fishing licenses for residents and nonresidents.

A. Any resident or nonresident individual may apply for and receive from the Department, after payment of the appropriate fee, any of the following lifetime licenses which shall be valid for the life of the individual, nontransferable, and permit the person to engage in the licensed activity on any property in the Commonwealth according to restrictions and regulations of law:

1. A basic resident lifetime hunting license, to be obtained for a fee of $250. This license is valid for the lifetime of the license holder even if the license holder becomes a nonresident of the Commonwealth subsequent to the purchase of the license.

2. A basic resident lifetime fishing license, to be obtained for a fee of $250. This license is valid for the lifetime of the license holder even if the license holder becomes a nonresident of the Commonwealth subsequent to the purchase of the license.

3. A basic nonresident lifetime hunting license, to be obtained for a fee of $500.

4. A basic nonresident lifetime fishing license, to be obtained for a fee of $500.

5. A basic senior resident lifetime hunting license and bear, deer, and turkey license, to be obtained for a fee of $200. This license is available only to a resident of the Commonwealth who is 80 years of age or older and shall be valid for the lifetime of the license holder even if the license holder becomes a nonresident of the Commonwealth subsequent to the purchase of the license. This license shall include any special license necessary under § 29.1-305 for hunting bear, deer, and turkey.

6. A junior resident lifetime hunting license that is valid until an individual's twelfth birthday, and which is transferable to a resident lifetime hunting license for no additional fee upon proof of completion of a hunter education course or equivalent, may be obtained for a fee of $250.

7. A junior nonresident lifetime hunting license that is valid until an individual's twelfth birthday, and which is transferable to a nonresident lifetime hunting license for no additional fee upon proof of completion of a hunter education course or equivalent, may be obtained for a fee of $500.

8. An infant resident lifetime hunting license, to be obtained for a fee of $125. This license shall be issued only to an individual who is younger than two years of age and shall be valid to be used as prescribed under subsection D1 of § 29.1-301 until an individual's twelfth birthday. Upon proof of completion of a hunter education course or equivalent, this license shall be transferable to a resident lifetime hunting license for no additional fee. This license shall remain valid even if the license holder becomes a nonresident of the Commonwealth subsequent to the purchase of the license.

9. An infant nonresident lifetime hunting license, to be obtained for a fee of $250. This license shall be issued only to an individual who is younger than two years of age and shall be valid to be used as prescribed under subsection D1 of § 29.1-301 until an individual's twelfth birthday. Upon proof of completion of a hunter education course or equivalent, this license shall be transferable to a nonresident lifetime hunting license for no additional fee. This license shall remain valid even if the license holder becomes a resident of the Commonwealth subsequent to the purchase of the license.

10. An infant resident lifetime fishing license, to be obtained for a fee of $125. This license shall be issued only to an individual who is younger than two years of age. This license is valid for the lifetime of the license holder even if the license holder becomes a nonresident of the Commonwealth subsequent to the purchase of the license.

11. An infant nonresident lifetime fishing license, to be obtained for a fee of $250. This license shall be issued only to an individual who is younger than two years of age. This license is valid for the lifetime of the license holder even if the license holder becomes a resident of the Commonwealth subsequent to the purchase of the license.

Such basic lifetime hunting licenses shall serve in lieu of the state resident hunting license as provided for in subdivision 2 of § 29.1-303, or state nonresident hunting license as provided for in subdivision 3 of § 29.1-303. Such basic lifetime fishing licenses shall serve in lieu of the state resident fishing license as provided for in subdivision A 2 of § 29.1-310 or state nonresident fishing license as provided for in subdivision A 3 of § 29.1-310.

B. Applications for all lifetime hunting and fishing licenses authorized by this section shall be made to the Department. The form and issuance of such a license shall conform to the provisions of this chapter for all licenses.

Except as otherwise specifically provided by law, all money credited to, held by, or to be received by the Department from the sale of licenses authorized by this section shall be consolidated and placed in the Lifetime Hunting and Fishing Endowment Fund established in § 29.1-101.1.

C. Any resident who is permanently disabled, as defined in § 58.1-3217, who applies for either of the resident lifetime licenses authorized by this section shall receive such a license for a fee of $5. The applicant shall provide proof of permanent disability acceptable to the Director of the Department.

D. Any resident 45 years of age or older who applies for either of the resident lifetime licenses authorized by subdivision A 1 or A 2 shall receive such a license for one of the following fees based on age: age 45 through 50, $200; age 51 through 55, $150; age 56 through 60, $100; age 61 through 64, $50; and age 65 or older, $10.

E. The Board may subsequently revise the cost of licenses set forth in this section pursuant to § 29.1-103.

1987, c. 95, § 29-52.3; 1988, c. 181; 1989, c. 427; 1996, cc. 7, 109, 810; 1997, c. 247; 2009, c. 9; 2010, c. 251; 2020, cc. 564, 958.

§ 29.1-302.2. Special lifetime fishing license; permanently disabled persons.

Any resident who is permanently disabled, as defined in § 58.1-3217, who applies for a special lifetime state resident fishing license shall receive such a license for a fee of five dollars or as subsequently revised by the Board pursuant to § 29.1-103. The applicant shall provide proof of permanent disability acceptable to the Director of the Department.

1989, c. 91; 2009, c. 9; 2020, c. 958.

§ 29.1-302.3. Special guest fishing licenses.

An owner or bona fide lessee of private land bordering inland waters lying adjacent to North Carolina land or water may apply for a special guest fishing license entitling the licensee and his guests to fish from the property and any private dock, pier or other permanent extension into public waters without an additional fishing license except as required in designated waters stocked with trout and in waters where a daily fishing fee has been imposed pursuant to § 29.1-318. The annual fee of a special guest fishing license shall be $50 or as subsequently revised by the Board pursuant to § 29.1-103. A special guest fishing license shall not be valid for any property, pier or dock operated for any commercial purpose. A special guest fishing license shall not be in force unless displayed on the premises of the property. A special guest fishing license shall not be transferable.

1992, c. 198; 2009, c. 9.

§ 29.1-302.4. Special lifetime trout fishing licenses for residents and nonresidents.

A. Any resident or nonresident individual may apply for and receive from the Department, after payment of the appropriate fee, any of the following lifetime licenses, which shall be valid for the life of the individual, nontransferable, and shall permit the person to engage in the licensed activity on any property in the Commonwealth according to restrictions and regulations of law:

1. A special resident lifetime trout fishing license, to be obtained for a fee of $250. This license is valid for the lifetime of the license holder even if the license holder becomes a nonresident of the Commonwealth subsequent to the purchase of the license.

2. A special nonresident lifetime trout fishing license, to be obtained for a fee of $500. Such special lifetime trout fishing licenses shall apply only to specially stocked trout waters as may be designated by the Board, and shall serve in lieu of the state resident trout fishing license as provided for in subdivision B 1 of § 29.1-310 or state nonresident trout fishing license as provided for in subdivision B 2 of § 29.1-310. Such special lifetime trout fishing licenses shall serve in addition to fishing license fees as provided for in subdivision A of § 29.1-310 or special lifetime fishing license as provided for in § 29.1-302.1.

B. Applications for all lifetime trout fishing licenses authorized by this section shall be made to the Department. The form and issuance of such a license shall conform to the provisions of this chapter for all licenses.

Except as otherwise specifically provided by law, all money credited to, held by, or to be received by the Department from the sale of licenses authorized by this section shall be consolidated and placed in the Lifetime Hunting and Fishing Endowment Fund established in § 29.1-101.1.

C. Any resident forty-five years of age or older who applies for the resident lifetime trout licenses authorized by this section shall receive such a license for one of the following fees based on age: age forty-five through fifty, $200; age fifty-one through fifty-five, $150; age fifty-six through sixty, $100; age sixty-one through sixty-four, fifty dollars; and age sixty-five or older, ten dollars.

D. The Board may subsequently revise the cost of licenses set forth in this section pursuant to § 29.1-103.

2002, c. 67; 2009, c. 9.

§ 29.1-303. Fees to hunt.

The license fees to hunt shall be as follows or as such fees may be subsequently revised by the Board pursuant to § 29.1-103:

1. County or city resident license to hunt in the county or city of residence only, $5.

2. State resident license to hunt in all counties and cities of the Commonwealth, issued to residents age 16 or older, $12.

3. State nonresident license for persons 16 years of age and older to hunt in all counties and cities of the Commonwealth, $80; however, for (i) nonresidents under the age of 12, $12, and (ii) nonresidents 12 years of age to 15 years of age, $15.

Code 1950, § 29-54; 1960, c. 566; 1974, c. 363; 1980, c. 494; 1987, c. 488; 1988, c. 250; 2003, c. 120; 2004, c. 269; 2009, c. 9.

§ 29.1-303.1. Trip hunting licenses.

Nonresidents or residents of the Commonwealth may purchase a trip hunting license in lieu of the hunting license required by § 29.1-303. The duration for which the license shall be valid shall be established by the Board. The fee for the trip hunting license shall be established by the Board and may be revised pursuant to § 29.1-103.

1988, c. 250; 2003, c. 120; 2009, c. 9; 2013, c. 351; 2019, c. 147.

§ 29.1-303.2. State junior resident hunting license fee.

The fee for a license to hunt in all counties and cities of the Commonwealth, issued to a state resident under the age of sixteen, shall be seven dollars and fifty cents or as subsequently revised by the Board pursuant to § 29.1-103.

1988, c. 250; 2009, c. 9.

§ 29.1-303.2:1. State junior resident bear hunting license; fee.

The Board may create a separate state youth resident license for hunting bear that may be obtained by any resident under the age of 16. The fee for the state youth resident license for hunting bear shall be $5.50. The license fees established by this section may be revised by the Board pursuant to § 29.1-103.

The state youth resident license to hunt bear may be obtained from the clerk or agent of any county or city whose duty it is to sell licenses.

2017, c. 353.

§ 29.1-303.3. Youth resident and nonresident combination hunting license established; fee.

There is hereby established a state youth resident combination hunting license, which may be obtained by any resident under the age of 16 to hunt in all counties and cities of the Commonwealth and to hunt (i) bear, deer, and turkey; (ii) with a bow and arrow or slingbow during the special archery seasons; (iii) with a crossbow during special archery seasons; and (iv) with a muzzleloader during the special muzzleloading seasons. The fee for this license shall be $15. The license shall serve in lieu of the state junior resident hunting license; the special license for hunting bear, deer, and turkey; the special archery license; the special crossbow license; and the special muzzleloading license. For a nonresident youth under the age of 16, the fee for such a license shall be $30. The Board may subsequently revise the cost of licenses set forth in this section pursuant to § 29.1-103.

1996, cc. 118, 151; 2004, c. 269; 2007, c. 40; 2009, c. 9; 2017, c. 530.

§ 29.1-304. Nonresident license to hunt within shooting preserves and foxhound training preserves.

Licenses are required for nonresidents of the Commonwealth to hunt within the boundaries of shooting preserves licensed under the provisions of Chapter 6 (§ 29.1-600 et seq.) or foxhound training preserves allowed under the authority of Chapter 4 (§ 29.1-400 et seq.). Such licenses shall be valid either within the boundaries of any licensed shooting preserves or any foxhound training preserves and may be in lieu of any license required by § 29.1-303. The license fees shall be $12 or as subsequently revised by the Board pursuant to § 29.1-103.

1958, c. 145, § 29-54.1; 1972, c. 149; 1980, c. 494; 1987, c. 488; 1988, c. 250; 2009, cc. 9, 50.

§ 29.1-305. Special license for hunting bear, deer and turkey; authority of Board to create bear license.

A. A special license is required for hunting bear, deer and turkey in this Commonwealth, which shall be in addition to the license required to hunt other game. The fee for the special license shall be $12 for a resident age 16 or older, $7.50 for a resident under the age of 16, and $60 for a nonresident 16 years of age or older, $15 for a nonresident 12 years of age to 15 years of age, and $12 for a nonresident younger than 12 years of age.

B. The Board may create a separate special license for the hunting of bear in this Commonwealth. The fee for such a special license shall be $25 for residents and $150 for nonresidents. A person who obtains a special license for hunting bear shall also be required to obtain the state resident license or state nonresident license pursuant to § 29.1-303. If a special license to hunt bear is established by the Board, the special license required in subsection A shall authorize the hunting of deer and turkey only.

The license to hunt bear, deer and turkey or, if authorized by the Board, the license to hunt bear may be obtained from the clerk or agent of any county or city whose duty it is to sell hunting licenses.

C. The Board may subsequently revise the cost of licenses set forth in this section pursuant to § 29.1-103.

Code 1950, § 29-122; 1958, c. 318; 1960, c. 568; 1966, c. 493; 1972, c. 509; 1974, c. 363; 1980, c. 494; 1987, c. 488; 1988, c. 250; 2001, c. 55; 2004, c. 269; 2009, c. 9.

§ 29.1-305.01. Special license to hunt elk; authority of Board to create elk license and quota hunts.

A. The Board may create a separate special license to hunt elk within the designated elk management zone, as designated in the 2019-2028 Virginia Elk Management Plan, which shall be in addition to the license required to hunt other game. Any person, whether licensed or exempt from being licensed, shall possess (i) a valid state resident hunting license or state nonresident hunting license pursuant to § 29.1-303 and (ii) a special elk license in order to pursue elk within the designated elk management zone. A separate special license to hunt elk shall not be required to hunt elk outside of the designated elk management zone.

B. Upon creation of a special license to hunt elk, the Board may establish quotas and procedures for selection to purchase a special elk license. Application for selection for a special elk license may require a nonrefundable application fee of $15 for residents and $20 for nonresidents. The fee for a special elk license shall be no more than $40 for residents and $400 for nonresidents.

C. The Board may establish guidelines permitting the transfer of special elk licenses to individuals, cooperators who assist in meeting agency hunting objectives, or wildlife conservation organizations whose mission is to ensure the conservation of Virginia's wildlife resources.

2020, cc. 309, 310.

§ 29.1-305.1. Bonus deer permits.

The Board shall establish by regulation a procedure for selling bonus deer permits. Each bonus deer permit purchased shall entitle the holder thereof to take additional deer under conditions prescribed by the Board. The cost of a bonus deer permit shall be set by the Board but shall not exceed the fee charged for the special license to hunt bear, deer and turkey, as prescribed under § 29.1-305. Clerks and license agents who sell hunting licenses shall sell bonus deer permits and shall be entitled to a service fee as prescribed in § 29.1-332.

1991, c. 676.

§ 29.1-305.2. Special fox hunting licenses.

There shall be a special license for hunting foxes on horseback with hounds but without firearms. The special license shall exempt the licensee from the hunter education requirement of § 29.1-300.1. The fee for the special license shall be the same as any license required by § 29.1-303 and shall be subject to subsequent revision by the Board pursuant to § 29.1-103. This special license shall not be required of any person holding a hunting license required by § 29.1-303.

2014, c. 798.

§ 29.1-306. Special archery license, slingbow license, and crossbow license.

There shall be a license for hunting with a bow and arrow, slingbow, or crossbow, during the special archery seasons, which shall be in addition to the licenses required to hunt small and big game. Any person who is disabled so as to prevent drawing the weight of a bow or crossbow may obtain such license for hunting with an arrowgun. The applicant shall provide proof of disability acceptable to the Director on a standardized form provided by the Department, which shall be in the person's possession while hunting with an arrowgun.

The fee for the special license shall be $17 for a resident and $30 for a nonresident. The Board may subsequently revise the cost of licenses set forth in this section pursuant to § 29.1-103.

1985, c. 15, § 29-122.1; 1987, c. 488; 1988, c. 250; 1994, c. 725; 1996, cc. 102, 825; 1998, c. 144; 2005, c. 8; 2009, c. 9; 2014, c. 136; 2017, c. 530; 2018, cc. 557, 558.

§ 29.1-306.1. Repealed.

Repealed by Acts 2014, c. 136, cl. 2.

§ 29.1-307. Special muzzleloading license.

There shall be a license for hunting with a muzzleloader or arrowgun during the special muzzleloading seasons, which shall be in addition to the license required to hunt small game.

The fee for the special license shall be $12 for a resident and $25 for a nonresident. The special muzzleloader license may be obtained from the clerk or agent whose duty it is to sell licenses in any county or city. The Board may subsequently revise the cost of licenses set forth in this section pursuant to § 29.1-103.

1990, c. 115; 2009, c. 9; 2018, cc. 557, 558.

§ 29.1-308. Reserved.

Reserved.

§ 29.1-309. Fees to trap.

The license fee to trap shall be as follows or as such fee may be subsequently revised by the Board pursuant to § 29.1-103:

1. County or city resident license, ten dollars.

2. State resident license, thirty-five dollars.

3. State nonresident license, $150.

Code 1950, § 29-56; 1952, c. 608; 1974, c. 363; 1979, c. 287; 1980, c. 494; 1983, c. 191; 1987, c. 488; 1988, c. 250; 1995, c. 77; 2009, c. 9.

§ 29.1-309.1. Special lifetime trapping license; permanently disabled persons and disabled veterans.

Any resident who is (i) a veteran with a permanent and total service-connected disability as certified by the U.S. Department of Veterans Affairs or (ii) permanently disabled, as defined in § 58.1-3217, may apply for and receive from the Department, for a fee of five dollars or as subsequently revised by the Board pursuant to § 29.1-103, a special lifetime disabled trapping license. Such a person shall provide proof of his disability acceptable to the Director.

2001, c. 62; 2009, c. 9; 2020, c. 958.

§ 29.1-309.2. Special lifetime trapping license for senior citizens.

Any resident who is 65 years of age or older may apply for and receive from the Department, for a fee of $10 or as subsequently revised by the Board pursuant to § 29.1-103, a special lifetime trapping license. Such a person shall provide proof of his age acceptable to the Director.

2003, c. 145; 2009, c. 9.

§ 29.1-309.3. State junior resident trapping license established; fee.

There is hereby established a state youth resident trapping license, which may be obtained by any resident under the age of 16, to trap in all counties and cities of the Commonwealth. The fee for this license shall be $10 or as subsequently revised by the Board pursuant to § 29.1-103.

2006, c. 70; 2009, c. 9.

§ 29.1-310. Fees to fish.

A. The license fees to fish, which licenses shall not permit fishing for trout in waters stocked by the Department, shall be as follows:

1. County or city resident license to fish, in all inland waters of the county or city of residence only, $5.

2. State resident license to fish in all inland waters of the Commonwealth, $12.

3. State nonresident license to fish in all inland waters of the Commonwealth, $30.

4. State resident license to fish in the interstate waters of South Holston Reservoir pursuant to a reciprocal agreement established in accordance with § 29.1-535, $20 in addition to the license required by subdivision 2.

B. The additional license fees for a trout license required to fish in designated waters stocked with trout by the Department or to fish for or harvest trout in the interstate waters of South Holston Reservoir shall be as follows:

1. State resident license, $12.

2. State nonresident license, $30.

C. The Board may subsequently revise the cost of licenses set forth in this section pursuant to § 29.1-103.

Code 1950, § 29-55; 1952, c. 355; 1958, c. 493; 1960, c. 566; 1962, c. 469; 1968, c. 649; 1974, c. 363; 1980, c. 494; 1985, c. 119; 1987, c. 488; 1988, c. 250; 1989, c. 208; 1994, c. 409; 2009, c. 9; 2010, c. 6.

§ 29.1-310.1. Sportsman's hunting and fishing license established.

A. Upon implementation of an automated point-of-sale licensing system, any resident individual may apply for and receive from the Department, after payment of the appropriate fee, a sportsman's hunting and fishing license. This license shall serve in lieu of any person having to obtain hunting or fishing licenses provided for under subdivision 2 of § 29.1-303 and §§ 29.1-305, 29.1-306, and 29.1-307, and subdivisions A 2 and B 1 of § 29.1-310.

B. Applications for the license authorized by this section shall be made to the Department. The license shall be valid for the seasons as established by the Board. The form and issuance of the license shall conform to the provisions of this chapter for all licenses.

C. The Board shall establish the fee for this license, which shall not exceed the total cost of purchasing each license separately.

2000, c. 12; 2007, c. 40; 2014, c. 136.

§ 29.1-310.2. Special combined individual sportfishing licenses.

A. Residents and nonresidents of the Commonwealth may obtain a special combined sportfishing license to fish in all inland waters and the tidal waters of the Commonwealth during the open season. For residents, this license shall be in lieu of the state resident freshwater fishing license required by subdivision A 2 of § 29.1-310, and the saltwater recreational license required by § 28.2-302.1. The cost of this license for residents shall be the sum of the costs of the two component resident licenses. For nonresidents, this license shall be in lieu of the state nonresident freshwater fishing license required by subdivision A 3 of § 29.1-310 and the saltwater recreational license required by § 28.2-302.1. The cost of this license for nonresidents shall be the sum of the costs of the two component nonresident licenses.

Of the funds collected under this subsection, (i) the cost of the component saltwater license shall be paid into the state treasury to the credit of the Virginia Saltwater Recreational Fishing Development Fund, as established in § 28.2-302.3, and (ii) the cost of the component freshwater fishing license shall be paid into the state treasury to the credit of the Game Protection Fund, as established in § 29.1-101.

The two component licenses shall be independently priced by their respective agencies. The freshwater fishing license shall be priced by the Board pursuant to § 29.1-103. The saltwater recreational license shall be priced by the Marine Resources Commission pursuant to § 28.2-201.

B. Residents and nonresidents of the Commonwealth may obtain a special combined sportfishing license to fish in all the tidal waters of the Commonwealth during the open season that covers the owner of a recreational boat not carrying anglers for hire, in any registered boat owned and operated by him, and his passengers. For residents, this license shall be in lieu of the state resident fishing license required by subdivision A 2 of § 29.1-310, the saltwater recreational license required by § 28.2-302.1, and the saltwater recreational boat license established by § 28.2-302.7. The cost of this license for residents shall be $125. For nonresidents, this license shall be in lieu of the state nonresident fishing license required by subdivision A 3 of § 29.1-310 and the saltwater recreational license required by § 28.2-302.1. The cost of this license for nonresidents shall be $200.

Of the funds collected under this subsection, (i) $48 per resident license sold and $76 per nonresident license sold shall be paid into the state treasury to the credit of the Virginia Saltwater Recreational Fishing Development Fund, as established in § 28.2-302.3, and (ii) $77 per resident license sold and $124 per nonresident sold shall be paid into the state treasury to the credit of the Game Protection Fund, as established in § 29.1-101.

C. The Board may subsequently revise the cost of licenses set forth in this section pursuant to § 29.1-103.

2004, c. 486; 2009, c. 9; 2011, c. 287; 2012, c. 579.

§ 29.1-311. Trip fishing license for residents and nonresidents; trout stocked waters.

A. Residents and nonresidents of the Commonwealth may obtain trip fishing licenses to fish in the freshwater creeks, bays, inlets, and streams of the Commonwealth, or in any of the impounded waters of the Commonwealth during the open season for game fish. These licenses shall be in lieu of the regular season state or county fishing license required under subsection A of § 29.1-310. The duration for which trip fishing licenses shall be valid shall be established by the Board. The fee for the trip fishing license shall be established by the Board and may be revised pursuant to § 29.1-103.

B. Residents and nonresidents of the Commonwealth may obtain a special combined sportfishing trip license to fish in all inland waters and tidal waters of the Commonwealth during the open season. This license shall be in lieu of the trip fishing license specified in subsection A and the saltwater recreational license required by § 28.2-302.1. The cost of the license shall be $10 for residents and $15 for nonresidents. The license shall be valid for five successive days as specified on the face of the license. Of the funds collected under this subsection, (i) $5 per license sold shall be paid into the state treasury to the credit of the Virginia Saltwater Recreational Fishing Development Fund as established in § 28.2-302.3 and (ii) $5 per resident license sold and $10 per nonresident license sold shall be paid into the state treasury to the credit of the Game Protection Fund as established in § 29.1-101.

C. Residents and nonresidents shall be entitled to fish in designated waters stocked with trout by the Department or other public body only if they possess (i) a regular season state or county fishing license or a trip fishing license valid for at least five days and (ii) a trout license pursuant to § 29.1-310 or a special lifetime trout fishing license pursuant to § 29.1-302.4.

D. The Board may subsequently revise the cost of licenses set forth in this section pursuant to § 29.1-103.

1954, c. 567, § 29-55.1; 1956, c. 51; 1958, c. 443; 1974, c. 363; 1987, c. 488; 1988, c. 250; 1991, c. 242; 2002, c. 67; 2004, c. 486; 2009, c. 9; 2013, c. 351; 2021, Sp. Sess. I, c. 280.

§ 29.1-312. Special fishing or hunting permits for certain veterans.

Upon application received from the director or other comparable official representing any veterans hospital or other military hospital in Virginia, any adjoining state, or the District of Columbia, the Director may permit any organized group of patients (i) actually residing in such hospitals or (ii) actively receiving outpatient medical treatment to hunt without licenses on any lands of the Commonwealth where it is otherwise legal to do so or to fish without licenses in any public waters open to fishing, including designated waters stocked with trout and in waters where a daily fishing fee has been imposed pursuant to § 29.1-318. The application for the permit shall state the date or dates upon which it will be used, the general area in which it will be used, and the name of the person or organization responsible for the group.

1974, c. 277, § 29-55.3; 1987, c. 488; 2008, c. 11; 2009, c. 5.

§ 29.1-313. Issuance of licenses for use of individuals in certain state facilities.

The Director shall have authority to issue at the regular fee, up to 25 state resident licenses to fish in the name of any state facility operated by the Department of Behavioral Health and Developmental Services for use by individuals receiving services in those facilities.

1972, c. 414, § 29-57.1:1; 1987, cc. 413, 488; 2009, cc. 813, 840; 2012, cc. 476, 507.

§ 29.1-314. Special fishing permits for certain handicapped persons.

A. Upon receipt of an application from an officer or designated representative of any organized group of physically or mentally handicapped persons who meet on a regular basis, including students at schools for the blind or deaf, the Director may issue not more than two permits of one day each, in any calendar year, to such group to fish without licenses in public waters open to fishing. The permits shall not be issued for use in designated waters stocked with trout or in waters where a daily fishing fee has been imposed pursuant to § 29.1-318; however, a permit may be issued to such group to fish without licenses on the second Saturday of May in designated waters stocked with trout.

B. The application for the permit shall state the name and description of the group, the date upon which it will be used, the general area in which it will be used, and the name of the person or organization responsible for the group.

1976, c. 144, § 29-55.3:1; 1987, c. 488; 2006, cc. 8, 37.

§ 29.1-315. Special fishing permits for certain school classes.

A. Upon receipt of an application from a qualified instructor, the Director may issue a special permit to the instructor authorizing the class described in the application to fish without licenses in public waters open to fishing. Any special permit so issued shall be valid only during regular school hours and only when fishing by the class occurs under the direct and immediate supervision of the instructor to whom it is issued. These special permits shall not be valid for fishing in designated waters stocked with trout or in waters where a daily fishing fee has been imposed pursuant to § 29.1-318.

B. The application shall be a written request for a class fishing permit submitted by a qualified instructor and countersigned by the principal of the school in which the applicant teaches. The application shall state (i) the name of the school; (ii) the county or city in which the school is located; (iii) the name and general subject matter of the class; and (iv) the general geographic area in which the permit is intended to be used. For the purposes of this section a "qualified instructor" means a person who teaches in a school located in Virginia a course at the eighth grade level or above for which credit is awarded which includes instruction in fishing techniques and who possesses a valid license to fish in the area in which the fishing techniques are taught.

1979, c. 197, § 29-55.3:2; 1987, c. 488.

§ 29.1-315.1. Special permit to hunt and fish by youth during fish and wildlife education events.

Upon receipt of an application from an officer or other designated official representative of any nonprofit organization that has as one of its stated purposes to educate youth on Virginia's fish and wildlife resources, the Director may issue a permit to an officer or representative of the organization that allows youths under the age of 18 years old who participate in a fish and wildlife educational event of the organization to hunt and fish. This permit shall serve in lieu of having to purchase a state youth resident combination hunting license pursuant to § 29.1-303.3 or state resident basic hunting license pursuant to § 29.1-303, the special license for hunting bear, deer, and turkey pursuant to § 29.1-305, and the state resident fishing license pursuant to subsection A of § 29.1-310. The permit shall be valid for a period of 48 hours. The permit fee shall be $25 or as subsequently revised by the Board pursuant to § 29.1-103. The application for the permit shall state the date upon which it will be used, the general area in which it will be used, the name of the person and organization responsible for the group of participants, and the number of participants to be covered by the permit. All youth participating in a hunting event covered by the permit shall comply with the provisions of subsection A of § 29.1-300.1 regarding competence in hunter education, or shall be accompanied and directly supervised by an adult over the age of 18 who has, on his person, a valid Virginia hunting license.

For the purposes of this section, "accompanied and directly supervised" occurs when a person over 18 years of age maintains a close visual and verbal contact with, provides adequate direction to, and can immediately assume control of the firearm from the youth participant.

2009, c. 45.

§ 29.1-316. Special fishing permits for certain youth camps.

A. Upon receipt of an application from an officer or designated representative of any organized nonprofit tax-exempt youth camp, the Director shall issue a permit for the duration of any season of such youth camp that allows camp members under 18 years of age and camp employees to fish without licenses in public waters adjacent to property owned by the camp. Such permit shall not be issued for use in designated waters stocked with trout or in waters where a daily fishing fee has been imposed pursuant to § 29.1-318.

B. The application for the permit shall state the name and description of the group, certification of the group's tax-exempt status, the period of time during which it will be used, the general area in which it will be used, and the name of the person or organization responsible for the group.

1980, c. 52, § 29-55.3:3; 1982, c. 27; 1987, c. 488; 2020, c. 570.

§ 29.1-317. Special fishing permits for certain juveniles.

A. Upon application from the superintendent of any juvenile correctional center maintained and operated by the Department of Juvenile Justice, the Director may issue a permit to allow the residents of such juvenile correctional center to fish under supervision without licenses in public waters open to fishing. The permits shall not be issued for use in designated waters stocked with trout or in waters where a daily fishing fee has been imposed pursuant to § 29.1-318.

B. The application for the permit shall state the name and description of the group, the period of time during which it will be used, the general area in which it will be used, and the name of the person who will be responsible for the group.

1980, c. 188, § 29-55.3:4; 1987, c. 488; 1989, c. 733; 1996, cc. 755, 914.

§ 29.1-318. Board may charge use fees for fishing in certain waters.

In addition to the license fees provided for elsewhere in this chapter, the Board may impose daily use fees, not to exceed $3.50 or as subsequently revised by the Board pursuant to § 29.1-103, and issue permits therefor to fish in specially stocked trout waters as may be designated by the Board. The proceeds from the fees shall be set aside and used exclusively by the Board for the stocking and management of the streams. Permits shall be issued by the person or persons designated by the Board at or near the area in which the permits are required.

1962, c. 397, § 29-55.4; 1968, c. 235; 1983, c. 53; 1987, c. 488; 1988, c. 250; 2009, c. 9.

§ 29.1-319. Persons entitled to county, city, or state resident licenses.

The following persons shall be entitled to a state resident license or to a county or a city license to hunt, trap, or fish provided that applications for a county or city license shall be made in the county or city in which the person meets the following criteria:

1. Any person born in the United States or who has been naturalized and who has been a bona fide resident of the county or city for six months next preceding the date of application for license in the county or city;

2. All persons who are and for two or more months next preceding the date of the application have been domiciliary residents of Virginia, upon execution of a certificate of residence prescribed by the Director;

3. Any legal voter of the county or city in which the license is applied for;

4. Any unnaturalized person who owns real estate in the county or city and who has actually resided there not less than five years next preceding the date of the application for the license in the county or city;

5. Any member of the armed forces of the United States, or a member of the immediate family of such a member as defined in § 2.2-3101, upon execution of a certificate of residence if the member (i) resides in the Commonwealth, (ii) is on active duty, and (iii) is stationed at a military installation within, or in a ship based in, the Commonwealth;

6. Any member of the armed forces of the United States, on active duty, when authorized by the commanding officer of a military reservation. The privileges of this license shall be limited to hunting, trapping, or fishing only within the boundaries of that military reservation;

7. Any student, a resident of the Commonwealth, regularly enrolled in any bona fide preparatory school or institution of higher education in the Commonwealth and any student, not a resident of the Commonwealth, regularly enrolled in and boarding at any such school or institution who presents a certificate of enrollment for the current year to the clerk or any license agent in the county or city in which the school or institution is located;

8. Residents of cities whose limits are wholly within the county where the license is applied for, provided the residents have physically resided within the city for a period of six consecutive months before applying for a license.

Code 1950, §§ 29-57, 29-58; 1956, c. 68; 1960, c. 536; 1962, c. 469; 1964, cc. 160, 451; 1966, c. 527; 1984, c. 26; 1987, c. 488; 2015, c. 678.

§ 29.1-320. Reserved.

Reserved.

§ 29.1-321. Nonresident required to buy nonresident license.

Nonresidents of this Commonwealth shall be required, except as otherwise provided, to obtain a nonresident license to hunt, trap or fish.

Code 1950, § 29-59; 1979, c. 287; 1983, c. 191; 1987, c. 488; 1995, c. 77.

§ 29.1-322. Residents of counties bordering on streams.

The residents of counties bordering a nontidal stream shall have the right to hunt, trap and fish when not otherwise prohibited by law or regulation in such stream opposite the shoreline of the county for which such resident has a county license. The residents of counties bordering a tidal stream shall have the right to hunt, trap and fish out to the low-water mark or as far as the county limits of the county for which he has a license extend.

Code 1950, § 29-60; 1987, c. 488.

§ 29.1-323. By whom licenses issued.

The clerks of the circuit courts of cities, and such agents operating in Virginia cities as the Board may designate, shall issue state and city resident licenses, and county licenses for those counties contiguous to their respective cities. The clerks of the circuit courts of counties, and such agents operating in Virginia counties as the Board may designate, shall issue state licenses and county licenses for their respective counties. Agents, designated by the Board, who operate outside of Virginia, shall issue state licenses and such Virginia county or city licenses as agreed upon by the agent and the Department. Licenses shall be issued as provided for in this title, and clerks and agents shall date and authenticate the licenses in a manner prescribed by the Board. Any clerk who desires to be relieved of this duty shall notify the Board in writing and shall be relieved when the Board has designated an agent to sell licenses in his county or city.

Code 1950, § 29-61; 1954, c. 280; 1958, c. 172; 1978, c. 485; 1987, c. 488; 2000, c. 132; 2003, c. 92.

§ 29.1-324. Reserved.

Reserved.

§ 29.1-325. Evidence that applicant entitled to license.

The clerk or agent shall require any applicant to make affidavit or to furnish other satisfactory evidence that he is entitled to the license applied for before issuing the license.

Code 1950, § 29-63; 1978, c. 218; 1987, c. 488.

§ 29.1-326. Reserved.

Reserved.

§ 29.1-327. Agents for sale of licenses and permits; sales by telephone and electronic media.

A. The Board shall have authority to appoint agents operating in and outside of Virginia for the issuance and sale of any or all of the permits and licenses provided for in this title. Those agents appointed shall be in addition to the clerks of the courts designated by § 29.1-323 and shall be chosen so as to best serve the public from the standpoint of geographic location and method of operation. Such agents operating in and outside of Virginia shall be subject to the laws and the rules and regulations of the Board covering the issuance and sale of licenses and permits. Rules and regulations promulgated by the Board shall be designed to ensure that agents provide adequate service to the public and shall include provisions for removing agents not performing their duties properly. Any contract between the Department and any agent operating outside of Virginia shall stipulate that application and construction of the contract is governed by the laws of Virginia. Before an agent's appointment becomes effective, the agent shall be bonded by a surety company entitled to do business in this Commonwealth in the penalty of such amount as the Board may require, payable to the Commonwealth and conditioned upon the faithful performance of the agent's duties.

At such intervals as the Board may decide to be proper, the Board shall informally investigate the performance of agents appointed pursuant to this section to determine whether such agents are performing their duties in the public interest as provided by law and shall take any action deemed necessary to provide the best service in the public interest.

B. The Board may make and enter into agency contracts whereby the agent, whether operating in or outside of Virginia, may sell hunting and fishing licenses, issued under this title, by telephone, the Internet, or other electronic or computerized means. The contract shall establish the cost the agent may charge and receive per transaction which shall be in addition to the actual cost of the license sold during the transaction. A telephone or electronic media agent shall receive as compensation the fees for which he contracted with the Board and as determined and provided for in § 29.1-332. A telephone or electronic media agent shall follow the provisions of the contract.

Code 1950, § 29-65; 1950, p. 149; 1964, c. 562; 1966, c. 286; 1968, c. 522; 1970, c. 82; 1972, c. 133; 1973, c. 184; 1974, cc. 105, 107; 1975, cc. 153, 402; 1976, cc. 38, 171; 1977, c. 377; 1987, c. 488; 1999, c. 255; 2000, c. 132.

§ 29.1-328. Term of licenses and permits; multiple-year license.

A. Hunting and trapping licenses and permits shall be valid for one year from their date of purchase or future effective date, as authorized by the Department, except those licenses issued pursuant to § 29.1-305, which shall be valid from July 1 of each year or their later date of purchase, to June 30 of the following year, unless sooner revoked.

B. Fishing licenses shall run and be valid for one year from their date of purchase or future effective date, as authorized by the Department.

C. The Board may authorize the sale of any annual license or permit issued under this title for a period exceeding the one-year term. Such a multiple-year license or permit shall be valid for the number of consecutive years stated on the permit or license. The fee for such a multiple-year license or permit shall not exceed the total amount that would be charged if the particular license or permit was purchased on an annual basis over the specified number of years.

D. The terms of licenses listed in subsections A, B, and C shall not apply to the lifetime hunting and fishing license established in § 29.1-302.1.

E. National Forest Stamps, issued pursuant to § 29.1-408, shall be valid for one year from their date of purchase, unless sooner revoked.

Code 1950, § 29-66; 1980, c. 494; 1987, cc. 95, 488; 1988, c. 161; 2001, c. 115; 2002, c. 175; 2007, c. 39; 2011, c. 819; 2014, c. 255.

§ 29.1-329. Reserved.

Reserved.

§ 29.1-330. Delivery to clerk or agent; return of unused annually expiring materials and unsold licenses; voluntary contributions.

A. The Director shall send to each clerk or agent before the first day of the license year as many annually expiring licensing materials and licenses as he may deem necessary and shall hold each accountable for the amount and number sent. Clerks and agents shall, within 10 days after the end of the license year, return to the Director all unused annually expiring licensing materials, unsold licenses and the stubs of licenses sold. All annually expiring licensing materials and serially numbered licenses shall be accounted for by the Director. For licensing conducted by telephone or electronic media, the Director shall determine what additional equipment and nonannually expiring licensing materials are required by the clerks or agents, and he shall make available such equipment and materials to agents according to a schedule he deems appropriate.

B. Any form used in applying for a hunting permit or license issued under this title shall include language permitting the applicant to make a voluntary contribution of at least $2 to support the activities of Virginia Hunters Who Care, Inc., known as Hunters For The Hungry.

Code 1950, § 29-68; 1976, c. 660; 1980, c. 494; 1987, c. 488; 2000, c. 132; 2003, cc. 95, 737; 2010, c. 3.

§ 29.1-331. Licenses to be dated, numbered and authenticated.

All licenses shall be dated, numbered, and authenticated by the clerk or agent by his signature or in such other manner as prescribed by the Director, and the clerk or agent shall show all other information required by law or the Board.

1952, c. 366, § 29-68.1; 1960, c. 541; 1987, c. 488; 2000, c. 132.

§ 29.1-332. License and permit receipts; compensation for issuing; sums to be credited to game protection fund.

A. Notwithstanding the provisions of § 2.2-1802, the money received for licenses and permits issued under this title shall be paid by each clerk or agent to the Department for payment into the state treasury. Payment shall be made by means prescribed by the Board and agreed to by the clerk or agent. For license sales by telephone or electronic media, the means of payment may include a continuous deposit of proceeds from the sale of licenses into accounts from which the Department may electronically transfer funds to a Departmental or state account at agreed-upon intervals. For license sales made other than by telephone or electronic media, the clerk or agent shall add $.50 to the fee for each license or permit he issues and retain the $.50 as compensation for such service.

B. Upon receipt into the treasury of such sums the Comptroller shall credit the sums to the game protection fund or to the Lifetime Hunting and Fishing Endowment Fund for licenses sold pursuant to § 29.1-302.1.

C. The voluntary contributions collected pursuant to subsection B of § 29.1-330 and remitted to the Department shall be deposited into the state treasury and credited to a special nonreverting fund, within the game protection fund, known as the Feed the Hungry Fund. Monies in this fund shall be disbursed quarterly to Hunters For The Hungry to support its programs to feed the hungry and other statewide activities related to this mission.

Code 1950, §§ 29-69, 29-71; 1976, c. 660; 1980, c. 494; 1987, cc. 95, 488; 1992, c. 374; 2000, c. 132; 2003, cc. 95, 737.

§ 29.1-333. Reports to Director as to sale of licenses.

A. When remitting license and permit receipts, each clerk or agent shall make a report to the Director, in a manner prescribed by the Director, which shall show (i) the quantity of licenses of each kind sold and the amount of gross collections for each kind of license, (ii) the amount of collections retained as compensation pursuant to § 29.1-332, (iii) the net amount remitted to the Department, (iv) the amount of voluntary contributions collected pursuant to subsection B of § 29.1-330, and (v) any other information that the Director may require.

B. For failure to make a report and remit the amount due within 30 days after the due date, the clerk or agent shall forfeit his compensation for issuing licenses on such report. If an agent fails to have funds in an amount equal to the Department's records of reported license sales in any account from which remission of revenues to the Department is made by periodic electronic transfer, he shall forfeit his compensation for issuing licenses during the period covered by the transfer of the funds. For any subsequent failure to have funds equal to the Department's records of reported license sales in an account from which remission of revenues to the Department is made by periodic electronic transfer, the Director may revoke the person's status as a license agent.

C. For license sales made by telephone or electronic media, the reports and remittances to the Department shall be made not less than quarterly and in accordance with a schedule prescribed by the Board. For license sales made other than by telephone or electronic media, the reports and remittances to the Department shall be made as follows:

1. For July and August, not later than September 5.

2. For September, October, November and December, monthly, not later than the fifth of the succeeding month.

3. For January, February and March, quarterly, not later than April 5.

4. For April, May and June, quarterly, not later than July 5.

Code 1950, §§ 29-70, 29-72, 29-73; 1976, c. 660; 1987, c. 488; 1992, c. 374; 2000, c. 132; 2003, cc. 95, 737.

§ 29.1-334. Certificate when license lost or destroyed.

If a license, other than a license issued by electronic means or a temporary license as described in § 29.1-335, is lost or destroyed, the person to whom the license is issued may immediately apply to the clerk or agent who issued the license for a license certificate. Upon written statement that the license has been lost or destroyed, the clerk or agent shall issue a license certificate and endorse the number of the original license and date of issue thereon. A temporary license that is lost or destroyed may not be replaced with a license certificate. The fee of the clerk or agent for filing the statement and issuing a license certificate shall be twenty-five cents for agents and as prescribed in subdivision A 30 of § 17.1-275 for clerks and shall be paid by the applicant. The clerk or agent shall not be required to remit his fees for issuing license certificates. No licenses shall be redeemed or exchanged. Damaged licenses shall be returned to the Department in a manner prescribed by the Director, and proper deductions from the gross amount shall then be made. The Department shall furnish forms of written statements and license certificates and shall make available equipment and materials as needed or as required by this section. Replacement of any lost or destroyed license issued by electronic means should be made in a manner prescribed by the Director.

Code 1950, § 29-74; 1976, c. 660; 1987, c. 488; 1994, c. 432; 2000, c. 132.

§ 29.1-335. Hunting, trapping or fishing without a license.

No person shall hunt, trap, or fish without having obtained a license when such a license is required. For the purposes of this article, the term "license" shall include any temporary license issued by a clerk or agent to a buyer and authorized to be used in a manner prescribed by the Director. Any person who violates this section shall be guilty of a Class 3 misdemeanor and shall pay to the clerk a fee equal to the cost of the required license to be paid into the state treasury and credited to the game protection fund.

The purchase of a license subsequent to an arrest or notice of summons to appear in court for hunting, trapping or fishing without a license shall not relieve the person from the penalties specified in this section.

Code 1950, § 29-75; 1987, c. 488; 1989, c. 421; 1993, c. 839; 2000, c. 132.

§ 29.1-336. Carrying licenses and certificates; penalty.

A. Every person who is issued a hunting, trapping, or fishing license shall carry the license on his person while hunting, trapping, or fishing. Persons who have been issued such licenses and fail to carry them when required shall be guilty of a Class 4 misdemeanor.

B. Any person who is 16 years of age or older and who is (i) required to present a certificate of completion in hunter education to obtain a hunting license pursuant to § 29.1-300.1, and (ii) issued a hunting license by telephone, the Internet, or other electronic or computerized means, shall also carry such certificate on his person while hunting.

C. Any person who is 12 years of age through 15 years of age, and is issued a hunting license by telephone, the Internet, or other electronic or computerized means, shall carry his certificate of completion in hunter education on his person while hunting, unless he is accompanied and directly supervised by an adult who has, on his person, a valid Virginia hunting license and certificate if required under subsection B.

D. For purposes of this section and § 29.1-337, "carry" means possess a hard copy or electronic copy of the license or certificate.

Code 1950, § 29-75; 1987, c. 488; 2005, c. 145; 2015, c. 479; 2017, c. 363.

§ 29.1-337. Displaying license upon request.

A. Every person who is issued a hunting, trapping or fishing license and is carrying such a license when hunting, trapping or fishing shall present it immediately upon demand of any officer whose duty it is to enforce the game and inland fish laws. Refusing to exhibit the license upon demand of any conservation police officer or other officer shall be a Class 3 misdemeanor.

B. In accordance with § 18.2-133, the hunting, trapping or fishing license shall also be shown upon the demand of any owner or lessee, or of any employee or representative of such owner or lessee, upon whose lands or waters the person may be hunting, fishing or trapping.

C. The Director may supply buttons or license holders and require the license or button to be displayed in a manner he may determine.

Code 1950, § 29-76; 1987, c. 488; 1989, c. 421; 2007, c. 87.

§ 29.1-337.1. Penalty for false statements; altering, borrowing or lending license.

It shall be unlawful for any person to make a false statement in order to secure a license or to alter, change, borrow, or lend or attempt to use, borrow or lend a license. Any person violating this provision shall be guilty of a Class 2 misdemeanor.

Code 1950, § 29-76; 1987, c. 488.

§ 29.1-338. Revocation of license and privileges; penalties.

If any person is found guilty of violating (i) any of the provisions of the hunting, trapping, or inland fish laws, any provision of §§ 15.2-915.2, 15.2-1209.1, 18.2-131 through 18.2-136, or §§ 18.2-285 through 18.2-286.1, or any regulation adopted by the Board pursuant thereto, a second time within three years of a previous conviction of violating any such law or regulation, or (ii) any provision of law or ordinance governing the dumping of refuse, trash, or other litter while engaged in hunting, trapping, or fishing, such license and privileges shall be revoked by the court trying the case and such person shall not apply for a new license or exercise such privileges until 12 months succeeding the date of conviction. The court may also prohibit the convicted person from hunting, fishing, or trapping in the Commonwealth for a period of one to five years. If found hunting, trapping, or fishing during such prohibited period, the person is guilty of a Class 2 misdemeanor and may also be prohibited by the court from hunting, fishing, or trapping for an additional period of one to five years. Licenses revoked shall be sent to the Director.

Code 1950, § 29-77; 1962, c. 469; 1970, c. 274; 1983, c. 272; 1987, c. 488; 1989, c. 213; 2004, c. 462; 2010, c. 183; 2020, c. 311.

§ 29.1-339. Complimentary licenses.

The Director is authorized to issue complimentary hunting licenses and complimentary fishing licenses to the field inspectors of the United States Fish and Wildlife Service and public officials of the United States and of other states engaged in conservation work, including official representatives of out-of-state, nationally recognized, nongovernmental organizations engaged in wildlife conservation work; however, not more than seventy-five such complimentary hunting licenses shall be issued during one fiscal year, and not more than 150 such complimentary fishing licenses shall be issued during one calendar year.

Code 1950, § 29-80; 1964, c. 474; 1982, c. 72; 1987, c. 488; 2001, c. 63.

§ 29.1-339.1. Repealed.

Repealed by Acts 2005, c. 127, cl. 2.

§ 29.1-339.2. Establishment of Virginia Migratory Waterfowl Conservation Stamp; required.

A. No person shall hunt or take any migratory waterfowl within the Commonwealth without first obtaining a Virginia Migratory Waterfowl Conservation Stamp. Every person who is issued the Stamp shall carry it on his person when hunting or taking any migratory waterfowl. Each Stamp shall be validated by the signature of the licensee written across the face of such stamp. The Stamp shall be designed and produced in accordance with Department policy and shall be valid from July 1 of each year or their later date of purchase, to June 30 of the following year, unless sooner revoked. Unless otherwise provided in this chapter, any person who is exempt from hunting license requirements shall also be exempt from the requirements imposed by this section. Any person who is under the age of 16 years shall be exempt from the requirements of this section.

B. The fee for the Stamp for a resident and a nonresident is $9.75. Clerks and license agents who sell hunting licenses shall sell the Stamp and retain $0.75 as compensation for such service. The Board may subsequently revise the cost of the fees set forth in this section pursuant to § 29.1-103.

C. The Stamp may also be issued through an automated license delivery system. The fee for the issuance of the Stamp through an automated license delivery system shall be consistent with the fees specified in § 29.1-332. The format of the Stamp shall be the same as any other license, validation, or privilege issued through an automated license delivery system. When purchased through an automated license delivery system, the purchaser shall have the option of requesting the actual Stamp at the address specified on the license at the time of purchase.

D. The moneys received from the sale of the Stamp shall be paid by each clerk or agent to the Department for payment into the state treasury. Payment shall be made by means prescribed by the Board and agreed to by the clerk or agent. Upon receipt into the treasury of such moneys, the Comptroller shall credit the sums to the Game Protection Fund established in § 29.1-101 and accounted for as a separate fund to be designated as the Virginia Migratory Waterfowl Conservation Stamp Fund (the Stamp Fund). Moneys from the Stamp Fund shall not be diverted to any other state agency. The Department shall use the moneys in the Stamp Fund in the following manner:

1. The Department shall first utilize these moneys to cover any administrative costs associated with production and issuance of, and accounting for, the Stamp.

2. The Department shall contract 50 percent of the remaining annual revenue deposited in the Stamp Fund with appropriate nonprofit organizations for cooperative waterfowl habitat improvement projects. Before paying such moneys to any nonprofit organization, the Department shall obtain evidence that the organization is eligible to receive funds for such projects.

3. The remainder of the moneys in the Stamp Fund shall be used by the Department to protect, preserve, restore, enhance, and develop waterfowl habitat in Virginia.

E. The Department may establish (i) the method for selecting appropriate designs for the Stamp and (ii) eligibility criteria for receiving funds for waterfowl habitat improvement projects. The Department may sell expired Stamps for less than face value to the general public for a period of three years, after which time the Department shall shred any unsold expired Stamps. All revenues derived from the sale of these Stamps shall be paid into the state treasury to the credit of the Game Protection Fund and dedicated to the Stamp Fund.

F. For purposes of this section:

"Migratory waterfowl" means those migratory birds belonging to the Family Anatidae (ducks, geese, brant, and swans) for which open hunting seasons are established by federal regulations.

"Stamp" means the Virginia Migratory Waterfowl Conservation Stamp.

2005, c. 127; 2007, c. 644; 2009, c. 9.