Title of Regulation: 4VAC15-170. Game: Otter (amending 4VAC15-170-21, 4VAC15-170-30).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Public Hearing Information:

June 2, 2009 - 9 a.m. - Department of Game and Inland Fisheries, 4000 West Broad Street, Richmond, VA

Public Comments: Public comments may be submitted until 5 p.m. on May 11, 2009.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341 or email phil.smith@dgif.virginia.gov.

Summary:

The proposed amendments (i) establish a uniform trapping season and bag limit for river otters in all counties west of the Blue Ridge Mountains by opening counties that are currently closed and (ii) exempt licensed taxidermists who ship otter pelts out of state for tanning purposes or individuals who ship otter pelts out of state to be tanned for personal use from the requirement to affix a CITES tag to the animal pelt.

4VAC15-170-21. Open season for trapping in certain counties west of the Blue Ridge Mountains; carcass presented to department agent; season bag limit.

A. It shall be lawful to trap otter in all counties west of the Blue Ridge Mountains from December 1 through the last day of February, both dates inclusive, in the counties of Augusta, Alleghany, Bath, Bland, Botetourt, Carroll, Craig, Floyd, Giles, Grayson, Montgomery, Pulaski, Roanoke, Rockbridge, and Wythe.

B. The entire skinned carcass of all otters trapped in counties west of the Blue Ridge Mountains must be presented to an agent of the department within three days of capture.

C. The season bag limit for trapping otter shall be two per trapper in counties west of the Blue Ridge Mountains where otter trapping is permitted.

4VAC15-170-30. Pelts to be sealed before sale, etc.

It shall be unlawful to buy, sell, barter, exchange, traffic or trade in, bargain for, solicit for, purchase or transport out of the Commonwealth, any otter pelts until the pelts have been sealed by an agent of the department. This requirement shall not apply to licensed taxidermists who ship otter pelts out of state for tanning purposes or to individuals who ship otter pelts out of state to be tanned for personal use. All otter pelts required to be sealed under the provisions of this chapter must be sealed not later than April 1 of the license year in which the animal is taken.