Bill proposes to clarify legal killing of nuisance wildlife

A Wytheville delegate proposed a bill that would clarify when landowners could legally kill nuisance wildlife, an issue that is on the rise in communities across Virginia.

House Bill 129, filed by Del. Mitchell Cornett, R-Wytheville, would allow the owner or lessee of land to kill deer on their property if it is actively damaging crops, livestock or personal property without prior authorization from the Department of Wildlife Resources. It amends 29.1-529 of the Code of Virginia, a law that outlines the circumstances under which wildlife may be killed outside of traditional hunting seasons.

This bill comes at a time when the deer population is growing across the Commonwealth, causing several problems for the agriculture community.

“Virginia corn and soy beans, we have about 600,000 acres of each,” said Jake Tabor of the Virginia Farm Bureau. “Those are nationwide and in Virginia, the two most common crops that experience deer damage are vegetables, cotton and some fruit trees and some others, but our folks are operating at rising margins in terms of commodity prices right now.”

While many counties in northern and central Virginia are experiencing the majority of the growing population, the DWR has a goal to reduce the white-tailed deer population across all cities in Virginia with the exception of Chesapeake, Suffolk and Virginia Beach.

“Wildlife do cause issues and we’re trying to be responsible,” said Aaron Proctor, Policy Manager of the DWR. “We’re trying to consider farmers.”

Under the current law, landowners must report damage of crops, livestock or property caused by wildlife to the DWR before receiving the authority to kill them. This bill maintains that process, but allows landowners to take action if they see an animal actively causing damage.

However, the landowner must report the killing immediately for investigation. There are currently undefined limits to the bill, as it is to be decided by the director or the designee.

The bill allows the director to place limits on authorizations, including how many animals are allowed to be killed, how long the authorization lasts and whether times are off-limits. It also states that generally only antlerless deer be killed unless there is substantial evidence that a buck was causing damage.

Even so, a buck cannot be used for taxidermy under this bill. However, the meat of the deer is consumable.

In localities where the Deer Management Plan recommends population reduction, landowners experiencing damage would be able to receive authorization to kill deer without having to meet certain repeat-permit requirements, as long as the locality operates a DWR-approved population  control program.

In order to prevent misuse, the bill also allows the director to revoke or deny authorization. Abuse of the authorization may also lead to losing the ability to serve as designated shooters for two to five years.

According to Proctor, the DWR would prefer the deer overpopulation to be taken care of during hunting season, but it’s not always possible. This bill comes at a time when reports of run-ins with deer continue to rise.