A. It is unlawful to erect a fence that prevents or impedes the free egress of deer from the enclosed area with the intent to confine deer.
B. It is unlawful to hunt deer inside a fenced area that prevents or impedes the free egress of deer.
C. The provisions of subsection A shall not apply to:
1. Local, state or federal public lands on which fences are erected to protect public health or safety;
2. Enclosures permitted by the Department as fallow deer farms or permitted exhibitors holding native deer for educational purposes;
3. Enclosures permitted by the U.S. Department of Agriculture as exhibitors, breeders, or dealers; or
4. Zoos accredited by the American Zoological Association.
D. The provisions of subsection B shall not apply to (i) local, state or federal public lands on which fences are erected to protect public health or safety, or (ii) any person hunting in an enclosure or facility that (a) was constructed prior to July 1, 2001, (b) has been registered with the Department not later than August 1, 2001, and annually thereafter, and (c) has been modified not later than 90 days following registration in a manner approved by the Director or his designee to allow the free egress of deer. Such registration shall not be transferable. The Department shall place information of the initial registration requirement in newspapers of general circulation throughout the Commonwealth. Such enclosures or facilities shall operate using acceptable hunting and wildlife management practices determined by the Director or his designee, including, but not limited to, methods of take, use of dogs, and supplemental feeding. The Director or his designee shall provide the owner of the enclosure or facility with information on what constitutes acceptable hunting and wildlife management practices.
E. Any registered enclosure or facility within which the owners or persons hunting have not followed acceptable hunting wildlife management practices shall have its registration revoked by the Department. Upon revocation of the registration, any person hunting within the enclosure or facility shall be subject to the provisions of subsection B and the penalties imposed under subsection F.
F. Any person who violates this section is guilty of a Class 1 misdemeanor. Any person who is convicted of violating this section shall have his hunting license and privileges suspended by the court for a period of one to five years. In addition, the court may order compensation for replacement for any deer killed be paid to the Department as provided for in § 29.1-551, and may order the owner of the fence to modify the fence to allow the free egress by deer.
2001, c. 856; 2010, c. 183.
Structure Code of Virginia
Title 29.1 - Wildlife, Inland Fisheries and Boating
Chapter 5 - Wildlife and Fish Laws
§ 29.1-502. Adoption of regulations
§ 29.1-504. Annual publication of laws and regulations
§ 29.1-505. Penalty for violation of regulations
§ 29.1-505.1. Conspiracy; penalty
§ 29.1-506. Prescribing seasons and bag limits for taking fish and game
§ 29.1-507. Closing or shortening open season
§ 29.1-508.1. Use of drugs on vertebrate wildlife
§ 29.1-510. Big game; small game
§ 29.1-511. Open season on nuisance species
§ 29.1-512. Closed season on other species
§ 29.1-513. Daily and season bag limits as promulgated by Board regulations
§ 29.1-514. Nonmigratory game birds
§ 29.1-515. Migratory game birds
§ 29.1-516.1. Using tracking dogs to retrieve bear, deer, or turkey
§ 29.1-516.2. Hunting with dogs; dogs to wear tags
§ 29.1-517. Trapping and shooting of fur-bearing animals during closed season
§ 29.1-518. When killing of beaver permitted
§ 29.1-519. Guns, pistols, revolvers, etc., which may be used; penalty
§ 29.1-521.1. Willfully impeding hunting or trapping; penalty
§ 29.1-521.2. Violation of § 18.2-286 while hunting; revocation of license and privileges
§ 29.1-521.3. Shooting wild birds and wild animals from stationary vehicles by disabled persons
§ 29.1-522. Unlawful to kill male deer unless antlers visible above hair
§ 29.1-523. Killing deer by use of certain lights; acts raising presumption of attempt to kill
§ 29.1-523.1. Hunting deer with sights after dark; forfeiture of weapon and sighting device
§ 29.1-524. Forfeiture of vehicles and weapons used for killing or attempt to kill
§ 29.1-525. Employment of lights under certain circumstances upon places used by deer
§ 29.1-525.1. Deer enclosures prohibited; exceptions; penalty
§ 29.1-525.2. Fox and coyote enclosures prohibited; penalty
§ 29.1-526. Counties and cities may prohibit hunting or trapping near primary and secondary highways
§ 29.1-527.1. Localities may prohibit feeding of migratory and nonmigratory waterfowl
§ 29.1-527.2. Localities may prohibit feeding of deer
§ 29.1-528.2. Local tree stand ordinance; disabled hunter exempt
§ 29.1-530. Open and closed season for trapping, bag limits, etc.
§ 29.1-530.1. Solid blaze orange or solid blaze pink clothing required at certain times
§ 29.1-530.2. Unlawfully killing bear; penalty
§ 29.1-530.3. Remote hunting prohibited; penalty
§ 29.1-530.4. Duty of certain entities to report hunting incidents
§ 29.1-530.5. Wildlife Violator Compact
§ 29.1-531. Unlawful to take or attempt to take, possess, sell or transport fish except as permitted
§ 29.1-533. Prohibition against use of substances injurious to fish
§ 29.1-534. Right to fish in interjurisdictional inland waters
§ 29.1-535. Reciprocal agreement as to fishing in such waters
§ 29.1-539. Keeping deer or bear struck by motor vehicle; procedure to be followed by driver
§ 29.1-540. Carriage and shipment
§ 29.1-543. Game and fish taken and packaged outside the Commonwealth
§ 29.1-543.1. Introduction, stocking, and release of blue catfish; penalty
§ 29.1-544. Dressing, packing and selling bobwhite quail
§ 29.1-545. Possession, sale, offering for sale or liberation of live nutria
§ 29.1-547. Trapping, selling, purchasing, etc., migratory game birds
§ 29.1-548. Killing deer illegally
§ 29.1-549. Hunting deer from watercraft
§ 29.1-550. Taking game or fish during closed season or exceeding bag limit
§ 29.1-551. Assessment of value of game or fish unlawfully taken
§ 29.1-552. Killing wild turkey during closed season
§ 29.1-553. Selling or offering for sale; penalty
§ 29.1-553.1. Penalty for wanton waste
§ 29.1-554. Violation of sanctuaries, refuges, preserves and water used for propagation
§ 29.1-554.1. Impeding lawful fishing in inland waters; penalty
§ 29.1-556. Unlawful devices to be destroyed
§ 29.1-556.1. Release of certain balloons prohibited; civil penalty; community service
§ 29.1-557. Confiscation of wild birds and animals under certain circumstances; disposition
§ 29.1-561. Self-incrimination
§ 29.1-564. Taking, transportation, sale, etc., of endangered species prohibited
§ 29.1-569. Keeping of reptiles generally; penalty
§ 29.1-570. Cooperation of state agencies
§ 29.1-572. Authority of Board; regulations
§ 29.1-573. Department; powers
§ 29.1-576. Authority for inspection; warrants