29.1-301 - Exemptions from license requirements.
§ 29.1-301. Exemptions from license requirements.
A. No license shall be required of landowners, their spouses, their childrenand grandchildren and the spouses of such children and grandchildren, or thelandowner's parents, resident or nonresident, to hunt, trap and fish withinthe boundaries of their own lands and inland waters or while within suchboundaries or upon any private permanent extension therefrom, to fish in anyabutting public waters.
B. No license shall be required of any stockholder owning 50 percent or moreof the stock of any domestic corporation owning land in this Commonwealth,his or her spouse and children and minor grandchildren, resident ornonresident, to hunt, trap and fish within the boundaries of lands and inlandwaters owned by the domestic corporation.
C. No license shall be required of bona fide tenants, renters or lessees tohunt, trap or fish within the boundaries of the lands or waters on which theyreside or while within such boundaries or upon any private permanentextension therefrom, to fish in any abutting public waters if suchindividuals have the written consent of the landlord upon their person. Aguest of the owner of a private fish pond shall not be required to have afishing license to fish in such pond.
D. No license shall be required of resident persons under 16 years old tofish.
D1. No license shall be required of resident persons under 12 years old tohunt, provided such person is accompanied and directly supervised by an adultwho has, on his person, a valid Virginia hunting license as described insubsection B of § 29.1-300.1.
E. No license shall be required of a resident person 65 years of age or overto hunt or trap on private property in the county or city in which heresides. An annual license at a fee of $1 shall be required of a residentperson 65 years of age or older to fish in any inland waters of theCommonwealth, which shall be in addition to a license to fish for trout asspecified in subsection B of § 29.1-310 or a special lifetime trout fishinglicense as specified in § 29.1-302.4. A resident 65 years of age or oldermay, upon proof of age satisfactory to the Department and the payment of a $1fee, apply for and receive from any authorized agent of the Department anontransferable annual license permitting such person to hunt or an annuallicense permitting such person to trap in all cities and counties of theCommonwealth. Any lifetime license issued pursuant to this article prior toJuly 1, 1988, shall remain valid for the lifetime of the person to whom itwas issued. Any license issued pursuant to this section includes any damagestamp required pursuant to Article 3 (§ 29.1-352 et seq.) of this chapter.
F. No license to fish, except for trout as provided in § 29.1-302.4 orsubsection B of § 29.1-310, shall be required of nonresident persons under 12years of age when accompanied by a person possessing a valid license to fishin 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 totrap when accompanied by any person 18 years of age or older who possesses avalid state license to trap in this Commonwealth.
I. No license to hunt, trap or fish shall be required of any Indian whohabitually resides on an Indian reservation or of a member of the Virginiarecognized tribes who resides in the Commonwealth; however, such Indian musthave on his person an identification card or paper signed by the chief of histribe, a valid tribal identification card, written confirmation through acentral tribal registry, or certification from a tribal office. Such card,paper, confirmation, or certification shall set forth that the person namedis an actual resident upon such reservation or member of the recognizedtribes in the Commonwealth, and such card, paper, confirmation orcertification shall create a presumption of residence, which may be rebuttedby 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 theCommonwealth, except those stocked with trout by the Department or otherpublic body, on free fishing days. The Board shall designate no more thanthree free fishing days in any calendar year.
L. No license to fish, except for trout as provided in § 29.1-302.4 orsubsection B of § 29.1-310, in Laurel Lake and Beaver Pond at BreaksInterstate 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 underKentucky 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 UnitedStates, on active duty, who is a resident of the Commonwealth while suchperson is on official leave, provided that person presents a copy of hisleave papers upon request.
N. No license to hunt or fish shall be required of any person who is nothunting or fishing but is aiding a disabled person to hunt or fish when suchdisabled 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.)