Can a Virginia hunter give his deer tags to another licensed hunter to harvest game for him?

Plain-English summary

Delegate Surovell had an 80-year-old constituent, a retired military officer and lifelong hunter who had mobility issues that prevented him from field-dressing animals he killed. The constituent had heard about programs in other states that allow disabled hunters to designate another hunter to use their tags. He wanted to know whether Virginia had such a program.

The AG said no.

The Virginia Constitution preserves the right to hunt subject to General Assembly regulation. The Board of Game and Inland Fisheries (BGIF) administers hunting licenses. Section 29.1-300 makes it unlawful to hunt in Virginia without a license, with exceptions listed in § 29.1-301.

Licenses for bear, deer, or turkey include attached "tags," one for each animal the hunter may harvest. When a hunter kills an animal, he must validate one of his tags by completely removing the designated notch area. Each tag is tied to the specific hunter holding the license.

Searching the Code of Virginia and BGIF regulations, the AG found:

• No statute or regulation authorizing transfer of hunting tags between hunters.
• No statute or regulation authorizing transfer of a hunting license between hunters.
• Va. Code § 29.1-302.1 (lifetime hunting licenses) and § 29.1-301(E) (senior licenses) specifically state that those licenses are nontransferable, evidencing the General Assembly's deliberate choice to keep hunting privileges personal.
• Section 29.1-337.1 makes it unlawful to "borrow or lend or attempt to use, borrow or lend a license."

So the answer was a clear no.

The AG identified three alternative legal paths for the constituent's situation:

1. Bonus deer permits (§ 29.1-305.1). Bonus deer permits allow killing antlerless deer in addition to the regular bag limit. Any licensed hunter can buy as many bonus permits as he wants and harvest unlimited antlerless deer (within daily bag limits and other restrictions). A friend of the constituent could buy bonus permits, harvest antlerless deer, and share the venison. This isn't tag transfer; it's just a friend's own hunting under his own permits.

2. Helper exemptions. Section 29.1-521(A)(3) lets a properly licensed person who has reached his daily bag or season limit assist others by calling game, retrieving game, handling dogs, or conducting drives. Section 29.1-301(N) provides that "no hunting license shall be required of any person who is not hunting but is aiding a disabled person to hunt when such disabled person possesses a valid Virginia hunting license." So someone can help the disabled hunter without needing a license themselves, as long as the helper isn't doing the hunting.

3. Stationary vehicle hunting permit (§ 29.1-521.3). A hunter who is "permanently unable to walk due to impaired mobility" can, with a doctor's written statement and a Conservation Police Officer's processing, get a lifetime nontransferable permit to shoot game from a stationary vehicle during open hunting seasons. This lets a mobility-impaired hunter continue hunting from a vehicle, which solves part of the practical problem.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Virginia's hunting statutes and DGIF regulations are amended frequently. Anyone interested in proxy hunting, tag transfer, or specific exceptions for disabled hunters should check current statutes and DGIF guidance.

Common questions

What are hunting tags?
Paper or plastic tags attached to a hunting license for bear, deer, or turkey. Each tag represents one animal the hunter may harvest. The hunter must validate (notch) a tag immediately upon killing an animal, before moving the carcass from the place of kill.

Why are tags tied to specific hunters?
To enforce bag limits, prevent overhunting, support wildlife management, and ensure accountability. If tags were freely transferable, the limits effectively wouldn't exist; one person could acquire many tags and harvest large quantities.

What about commercial hunting guides or outfitters?
Commercial guides typically help paying hunters use their own tags. The guide can call game, drive deer, or assist the hunter with field dressing, but the hunter himself must do the killing and validate his own tag.

What is a bonus deer permit?
Under § 29.1-305.1 and BGIF regulation, additional antlerless-deer permits a hunter can buy to harvest more deer beyond the regular season bag limit. Each hunter can buy unlimited bonus permits and use them himself. Useful for population management of overpopulated deer herds.

Can I share venison?
Yes. The opinion specifically notes that a friend could buy bonus permits, harvest deer, and share the meat with the constituent. Sharing the resulting meat is legal; what's not legal is using someone else's tags to harvest.

What's the difference between § 29.1-301(N) and proxy hunting?
Under § 29.1-301(N), a non-licensed helper can assist a disabled hunter who has his own license and is doing the hunting himself. The disabled hunter still must be present, must hold the license, must be the one taking the shot. The helper is just providing physical assistance.

Are there other states with proxy hunting?
Some states have versions of "designated harvester" programs that allow a third party to harvest on behalf of a disabled hunter. The 2013 opinion notes the constituent's awareness of such programs in other states. Virginia did not have one as of the 2014 opinion.

Could the General Assembly create a proxy program?
Yes. The Constitution permits the General Assembly to regulate hunting. Other states have created proxy programs by statute. Virginia could do the same, but would need to pass legislation.

Background and statutory framework

• Va. Const. art. XI, § 4: right to hunt, subject to General Assembly regulation.
• Va. Code § 29.1-103(11), (16): BGIF authority over wildlife.
• Va. Code § 29.1-300: requires hunting license; § 29.1-301 lists exceptions.
• Va. Code § 29.1-302.1: lifetime license, specifically nontransferable.
• Va. Code § 29.1-301(E), (N): senior license (nontransferable); helper exception for disabled hunters.
• Va. Code § 29.1-302: nontransferable lifetime license for service-disabled veterans.
• Va. Code § 29.1-305: small game and big game licenses.
• Va. Code § 29.1-305.1: bonus deer permits.
• Va. Code § 29.1-328: general terms for hunting licenses.
• Va. Code § 29.1-337.1: prohibits borrowing, lending, or using another's license.
• Va. Code § 29.1-521: helper exemption.
• Va. Code § 29.1-521.3: stationary-vehicle permit for mobility-impaired hunters.
• 4 Va. Admin. Code §§ 15-20-65, 15-90-90, 15-90-231: BGIF regulations on tags, bonus permits, validation.

The interpretive moves:

• No statute or regulation authorizes tag transfer; therefore no transfer is permitted.
• The General Assembly's explicit nontransferability provisions in several specific license categories evidence the policy that hunting privileges are personal.
• The General Assembly knows how to create exceptions and has done so for helpers and stationary-vehicle hunters; it has not created a tag-transfer exception.

Citations

• Va. Const. art. XI, § 4
• Va. Code §§ 29.1-103, 29.1-300, 29.1-301, 29.1-302, 29.1-302.1, 29.1-303, 29.1-305, 29.1-305.1, 29.1-328, 29.1-337.1, 29.1-521, 29.1-521.3
• 4 Va. Admin. Code §§ 15-20-65, 15-90-90, 15-90-231

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2014/13-050_Surovell.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Richmond 23219

February 21, 2014

The Honorable Scott A. Surovell
Member, House of Delegates
Post Office Box 289
Mount Vernon, Virginia 22121

Dear Delegate Surovell:

I am responding to your request for an official advisory Opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You inquire whether a Virginia hunter with a valid hunting license from the Virginia Department of Game and Inland Fisheries ("DGIF") can transfer his hunting "tags" to another Virginia-licensed hunter, who may then use those transferred tags to harvest animals on behalf of the transferor.

Response

It is my opinion that a Virginia hunter with a valid hunting license from DGIF cannot transfer his hunting tags to another Virginia-licensed hunter to be used to harvest animals on behalf of the transferor.

Background

You relate that one of your constituents is an 80-year-old, retired military officer who is an avid hunter. You indicate that, due to mobility issues, your constituent no longer can field dress an animal once he has killed it, but he would like to continue harvesting fresh venison meat. You further relate that this constituent has informed you that some other states have a proxy program that allows a hunter to request hunting tags on behalf of a disabled hunter. After reviewing the Code of Virginia, you are unsure whether Virginia has such a program allowing the transfer of hunting tags. You therefore would like to know whether Virginia law allows Virginia hunters, disabled or not, to transfer their hunting tags.

Applicable Law and Discussion

The Virginia Constitution provides that "[t]he people have a right to hunt, fish, and harvest game, subject to such regulations and restrictions as the General Assembly may prescribe by general law."[1] The Board of Game and Inland Fisheries ("BGIF") administers hunting licenses in the Commonwealth pursuant to its authority to "[e]xercise powers it may deem advisable for conserving, protecting, replenishing, propagating and increasing the supply of game birds, game animals, fish and other wildlife of the Commonwealth"[2] and its power to promulgate regulations establishing the fees charged for hunting licenses.[3] In addition, § 29.1-300 provides that it is "unlawful to hunt, trap or fish in or on the lands or inland waters" of the Commonwealth without a license, subject to exceptions set forth in § 29.1-301.

As part of a license to hunt bear, deer, or turkey in the Commonwealth[4] a hunter receives "tags" attached to the license, one for each animal the hunter is permitted to harvest per license year.[5] Upon killing an animal, a licensed hunter is required to remove the notch area from one of the tags on his license.[6] There is no statutory or regulatory provision, or DGIF policy, allowing the transfer of hunting tags from one licensed hunter to another for any purpose. Furthermore, there is nothing in Title 29.1 of the Code of Virginia or in current BGIF regulations that would permit a hunter to transfer his license to another hunter. Section 29.1-328 establishes the general terms for hunting licenses, and it does not contain any provision allowing for the transfer of a hunting license for any purpose. There are, in fact, a few statutory provisions that provide specifically for the nontransferability of special types of hunting licenses,[7] but there are no statutes or regulations permitting the transfer of a hunting license from one hunter to another.[8]

Please note that, pursuant to the authority set forth in § 29.1-305.1, BGIF has established bonus deer permits that allow the killing of antlerless deer[9] in addition to the license year bag limit.[10] These permits do not allow the daily bag limit to be exceeded, but there is no restriction on the number of bonus permits that a hunter may purchase and use per license year.[11] Thus, for example, a hunter such as your constituent who finds it difficult to field dress animals could ask a licensed hunter in the Commonwealth to purchase bonus permits to harvest an unlimited number of antlerless deer, subject to other applicable hunting laws, and share the venison meat with him.

Additionally, there are some situations where individuals are permitted to assist other hunters with certain tasks. For example, § 29.1-521(A)(3) allows any properly licensed person, or a person exempt from having to obtain a license, who has obtained the daily bag or season limit to assist others who are hunting game by calling game, retrieving game, handling dogs, or conducting drives in certain situations; and § 29.1-301(N) provides that no hunting license shall be required of any person who is not hunting but is aiding a disabled person to hunt when such disabled person possesses a valid Virginia hunting license. Consequently, your constituent could receive assistance from other persons in those statutorily-established circumstances. Furthermore, § 29.1-521.3 provides that any person otherwise properly licensed to hunt, upon application to a conservation police officer and the presentation of a medical doctor's written statement based on a physical examination that such person is permanently unable to walk due to impaired mobility, may be issued a lifetime, nontransferable permit to shoot wild birds and wild animals from a stationary vehicle during established open hunting seasons and in accordance with other laws and regulations.

Conclusion

Accordingly, it is my opinion that a Virginia hunter with a valid hunting license from DGIF cannot transfer his hunting tags to another Virginia licensed hunter to be used to harvest animals on behalf of the transferor.

With kindest regards, I am

Very truly yours,

Mark R. Herring
Attorney General

[1] Va. Const. art. XI, § 4.

[2] Va. Code Ann. § 29.1-103(11) (2011).

[3] Section 29.1-303 (2011); and see § 29.1-103(16).

[4] DGIF issues a license authorizing the hunting of small game, in addition to which hunters who wish to hunt for bear, deer and turkey must purchase a separate big game license. See § 29.1-305 (2011); 4 Va. Admin. Code § 15-20-65.

[5] For example, licensed hunters in Virginia currently are permitted to kill six deer per license year east of the Blue Ridge Mountains and five deer per license year west of the Blue Ridge Mountains. See 4 Va. Admin. Code § 15-90-90. Therefore, current hunting licenses include six tags, with one marked to indicate that it is valid for use east of the Blue Ridge Mountains only.

[6] See 4 Va. Admin. Code § 15-90-231(A): "Any person killing a deer shall, before removing the carcass from the place of kill, validate an appropriate tag on his special license for hunting bear, deer, and turkey, bonus deer permit, or special permit by completely removing the designated notch area from the tag." This tag validation requirement is echoed for elk in 4 Va. Admin. Code § 15-90-85 (elk are treated as deer for harvest purposes, as they are of the same Cervidae family as deer); for bear in 4 Va. Admin. Code § 15-50-81; and for turkey in 4 Va. Admin. Code § 15-240-81.

[7] See, e.g., § 29.1-302.1 (2011), which authorizes lifetime hunting licenses and includes a specific prohibition against transfer; § 29.1-301(E) (2011), which provides that Virginia residents 65 years of age or older may, upon providing satisfactory proof of age and paying a $1 fee, apply for and receive a nontransferable annual license permitting them to hunt or trap in all cities and counties of the Commonwealth; and § 29.1-302 (Supp. 2013), which provides for a nontransferable lifetime hunting license for certain resident disabled veterans who are totally and permanently disabled due to a service-connected disability.

[8] In fact, § 29.1-337.1 (2011) provides that it shall be unlawful for any person to, among other things, borrow or lend or attempt to use, borrow or lend a license.

[9] The term "antlerless deer" refers to does, button bucks (male fawns approximately six months old), and deer that have shed their antlers. Va. Dep't of Game and Inland Fisheries, Hunting & Trapping in Virginia 33 (July 2013 - June 2014).

[10] Section 29.1-305.1 (2011) ("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."). See also 4 Va. Admin. Code §§ 15-20-65, 15-90-90 (establishing the fees for bonus deer permits and setting forth conditions for taking deer under such bonus permits).

[11] See 4 Va. Admin. Code § 15-90-90(D) ("Bonus deer permits shall be valid for antlerless deer only. Deer taken on bonus permits shall count against the daily bag limit but are in addition to the seasonal bag limit.").