What is the fine or punishment for baiting deer?
Full Question:
What is the fine or punishment for baiting deer? first time offense
11/27/2007 |
Category: Criminal |
State: Virginia |
#12927
Answer:
The following are Virginia statutes:
Section 29.1-548. Killing deer illegally.
Any person killing a deer in violation of Board regulations, or who
exceeds the bag limit for deer, or who kills a deer during the closed
season shall be guilty of a Class 2 misdemeanor. However, any person who
kills a deer illegally during the open season shall be guilty of a Class
3 misdemeanor if such person immediately delivers the complete carcass in
good condition to the conservation police officer of the
county or city in which it was killed. At that time it shall be
confiscated and disposed of by the conservation police
officer or as otherwise provided. Any such person delivering such carcass
to the conservation police officer shall be exempt from
replacement cost as provided in Section 29.1-551.
§ 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 or
personal property utilized for commercial agricultural production in the
Commonwealth, the owner or lessee of the lands on which such damage is
done shall immediately report the damage to the Director or his designee
for investigation. If after investigation the Director or his designee
finds that deer or bear are responsible for the damage, he shall
authorize in writing the owner, lessee or any other person designated by
the Director or his designee to kill such deer or bear when they are
found upon the land upon which the damages occurred. However, the
Director or his designee shall have the option of authorizing the capture
and relocation of such bear rather than authorizing the killing of the
bear, provided that the relocation occurs within a reasonable period of
time; and whenever deer cause damage on parcels of land of five acres or
less, except when such acreage is used for commercial agricultural
production, the Director or his designee shall have discretion as to
whether to issue a written authorization to kill the deer. The Director
or his designee may limit such authorization by specifying in writing the
number of animals to be killed and duration for which the authorization
is effective and may in proximity to residential areas and under other
appropriate circumstances limit or prohibit the authorization between
11:00 p.m. and one-half hour before sunrise of the following day. The
Director or his designees issuing these authorizations shall specify in
writing that only antlerless deer shall be killed, unless the Director or
his designee determines that there is clear and convincing evidence that
the damage was done by deer with antlers. Deer or bear killed pursuant to
such authorization shall be utilized or disposed of within 24 hours of
being killed. Any owner or lessee of land who has been issued a written
authorization shall not be issued an authorization in subsequent years
unless he can demonstrate to the satisfaction of the Director or his
designee that during the period following the prior authorization, the
owner or his designee has hunted bear or deer on the land for which he
received a previous authorization.
B. Subject to the provisions of subsection A, the Director or his
designee may issue a written authorization to kill deer causing damage to
residential plants, whether ornamental, noncommercial agricultural, or
other types of residential plants. The Director may charge a fee not to
exceed actual costs. The holder of this written authorization shall be
subject to local ordinances, including those regulating the discharge of
firearms.
C. Whenever deer are creating a hazard to the operation of any aircraft
or to the facilities connected with the operation of aircraft, the person
or persons responsible for the safe operation of the aircraft or
facilities shall report such fact to the Director or his designee for
investigation. If after investigation the Director or his designee finds
that deer are creating a hazard, he shall authorize such person or
persons or their representatives to 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
vehicle traffic within the corporate limits of any city, the operator of
a motor vehicle may report such fact to the Director or his designee for
investigation. If after investigation the Director or his designee finds
that deer are creating a hazard within such city, he may authorize
responsible persons, or their representatives, to kill the deer when they
are found to be creating such a hazard. The carcass of every deer or bear
so killed may be awarded to the owner or lessee by the Director or his
designee, who shall give such person a certificate to that effect on
forms furnished by the Department. Any person awarded a deer or bear
under this section may use the carcass as if he had killed the animal
during the hunting season for deer or bear.
E. Whenever deer are damaging property in a locality in which deer herd
population reduction has been recommended in the current Deer Management
Plan adopted by the Board, the owner or lessee of the lands on which such
damage is being done may report such damage to the Director or his
designee for investigation. If after investigation the Director or his
designee finds that deer 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 kill such deer when they are found upon the
land upon which the damages occurred. The Director or his designee also
may limit such authorization by specifying in writing the number of
animals to be killed and the period of time for which the authorization
is effective. The carcass of every deer so killed may be awarded to the
owner or lessee by the Director or his designee, who shall give such
person a certificate to that effect on forms furnished by the Department.
Any person awarded a deer under this section may use the carcass as if he
had killed the animal during the hunting season for deer. The requirement
in subsection A of this section, that an owner or lessee of land
demonstrate that during the period following the prior authorization deer
or bear have been hunted on his land, shall not apply to any locality
that conducts a deer population control program authorized by the
Department.
F. The Director or his designee may revoke or refuse to reissue any
authorization granted under this section when it has been shown by a
preponderance of the evidence that an abuse of the authorization has
occurred. Such evidence may include a complaint filed by any person with
the Department alleging that an abuse of the written authorization has
occurred. Any person aggrieved by the issuance, denial or revocation of a
written authorization can appeal the decision to the Department of Game
and Inland Fisheries. Any person convicted of violating any provision of
the hunting and trapping laws and regulations shall be entitled to
receive written authorization to kill deer or bear. However, such person
shall not (i) be designated as a shooter nor (ii) carry out the
authorized activity for a person who has received such written
authorization for a period of at least two years and up to five years
following his most recent conviction for violating any provision of the
hunting and trapping laws and regulations. In determining the appropriate
length of this restriction, the Director shall take into account the
nature and severity of the most recent violation and of any past
violations of the hunting and trapping laws and regulations by the
applicant. No person shall be designated as a shooter under this section
during a period when such person's hunting license or privileges to hunt
have been suspended or revoked.
G. The Director or his designee may authorize, subject to the
provisions of this section, the killing of deer over bait within the
political boundaries of any city or town in the Commonwealth when
requested by a certified letter from the governing body of such
locality.
§ 18.2-11. Punishment for conviction of misdemeanor. —
The authorized punishments for conviction of a misdemeanor are:
(a) For Class 1 misdemeanors, confinement in jail for not more than
twelve months and a fine of not more than $2,500, either or both.
(b) For Class 2 misdemeanors, confinement in jail for not more than six
months and a fine of not more than $1,000, either or both.
(c) For Class 3 misdemeanors, a fine of not more than $500.
(d) For Class 4 misdemeanors, a fine of not more than $250.
For a misdemeanor offense prohibiting proximity to children as
described in subsection A of § 18.2-370.2, the sentencing court is
authorized to impose the punishment set forth in subsection B of that
section in addition to any other penalty provided by law.
§ 18.2-12. Same; where no punishment or maximum punishment
prescribed. —
A misdemeanor for which no punishment or no maximum punishment is
prescribed by statute shall be punishable as a Class 1 misdemeanor.
