Title of Regulation: 4VAC15-40. Game: in General (amending 4VAC15-40-21, 4VAC15-40-50, 4VAC15-40-70, 4VAC15-40-130, 4VAC15-40-240, 4VAC15-40-260, 4VAC15-40-285; adding 4VAC15-40-221).

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

Public Hearing Information:

June 13, 2013 - 9 a.m. - Department of Game and Inland Fisheries, 4000 West Broad Street, Richmond, VA

Public Comment Deadline: May 31, 2013.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4010 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.

Summary:

The proposed amendments (i) add the United States Department of Agriculture to the list of agencies permitted to carry out wild bird and wild animal control programs; (ii) allow dog training on squirrels during daylight hours on private lands and allow dog training on rabbits from sunrise to midnight on private lands; (iii) establish a 1,000-yard boundary adjacent to Lands End Waterfowl Management Area within which waterfowl hunting is prohibited; (iv) prohibit intentionally set traps within 50 feet of exposed animal carcasses or parts; (v) allow the taking of designated game species and fur-bearing species on special permits during closed seasons with any type of lawful weapon; (vi) make a reference by proxy to Augusta County overt; (vii) prohibit the feeding of cervids year round in eight localities; (vii) prohibit the feeding of deer or elk during deer or elk hunting season; (ix) require that all feed be removed from any feeding site prior to September 1; and (x) consider any area where feed has been distributed a "baited" area for 10 days following the complete removal of the food.

4VAC15-40-21. Special crossbow license; hunting with crossbows.

There shall be a license to hunt with a crossbow during the special archery seasons that shall be in addition to the license required to hunt small game. The fee for the special crossbow license shall be $12 for a resident and $25 for a nonresident plus a $.50 issuance fee. The special crossbow license may be obtained from the clerk or agent of any county or city whose duty it is to sell licenses as specified in 4VAC15-20-65.

4VAC15-40-50. Poisoning of wild birds and wild animals prohibited; certain control programs excepted.

It shall be unlawful to put out poison at any time for the purpose of killing any wild birds and wild animals, provided that rats and mice may be poisoned on one's own property. The provisions of this section shall not apply to the Commissioner of Agriculture and Consumer Services, the United States Department of Agriculture, or his their representatives or cooperators, and those being assisted in a control program following procedures developed under the "Virginia Nuisance Bird Law." authorized by those agencies.

4VAC15-40-70. Open dog training season.

A. Private lands and certain military areas. It shall be lawful to train dogs during daylight hours on rabbits squirrels and nonmigratory game birds on private lands, and on rabbits and nonmigratory game birds on Fort A. P. Hill, Fort Pickett, and Quantico Marine Reservation. Participants in this dog training season shall not have any weapons other than starter pistols in their possession, must comply with all regulations and laws pertaining to hunting and no game shall be taken; provided, however, that weapons may be in possession when training dogs on captive raised and properly marked mallards and pigeons so that they may be immediately shot or recovered, except on Sunday.

B. It shall be lawful to train dogs on rabbits on private lands from sunrise to midnight.

C. Designated portions of certain department-owned lands. It shall be lawful to train dogs on quail on designated portions of the Amelia Wildlife Management Area, Chester F. Phelps Wildlife Management Area, Chickahominy Wildlife Management Area, and Dick Cross Wildlife Management Area from September 1 to the day prior to the opening date of the quail hunting season, both dates inclusive. Participants in this dog training season shall not have any weapons other than starter pistols in their possession, shall not release pen-raised birds, must comply with all regulations and laws pertaining to hunting and no game shall be taken.

C. D. Designated department-owned lands. It shall be lawful to train dogs during daylight hours on rabbits and nonmigratory game birds on the Weston Wildlife Management Area from September 1 to March 31, both dates inclusive. Participants in this dog training season shall not have any weapons other than starter pistols in their possession, shall not release pen-raised birds, must comply with all regulations and laws pertaining to hunting and no game shall be taken.

4VAC15-40-130. Disturbing waterfowl adjacent to Lands End Waterfowl Management Area.

It shall be unlawful to take, attempt to take hunt, pursue, or disturb waterfowl within in the public waters within 1,000 yards adjacent to the Lands End Waterfowl Management Area located adjacent to the Rappahannock River in King George County for such distance offshore as may be established by the board and properly posted so as to give adequate notice to the public, provided that this section shall not abridge the privileges prescribed for landowners, and their lessees and permittees, in §§ 29.1-344 and 29.1-347 of the Code of Virginia.

4VAC15-40-221. Restricted use of traps near exposed carcasses and animal parts.

It shall be unlawful to intentionally set foothold traps, body-gripping traps, or snares within 50 feet of an animal carcass, or parts thereof, unless the carcass, or parts thereof, are completely covered at the time the trap is set or visited. For the purposes of this section, "completely covered" shall be defined as not being visible from above. Provided further, a "carcass" shall be defined as the body, portions of the body, meat, organs, or viscera of any animal, including fish. Feathers (including those with attached skin or entire bird wings), hair (with or without skin or hide), and bones that include no attached meat, organs, or viscera are excluded from this definition.

4VAC15-40-240. Animal population control.

Whenever biological evidence suggests that populations of game animals or fur-bearing animals may exceed or threaten to exceed the carrying capacity of a specified range, or whenever population reduction of a species is necessary to manage for another wildlife species, or whenever the health or general condition of a species indicates the need for population reduction, or whenever the threat of human public health and safety or significant economic loss indicates the need for population reduction, the director is authorized to issue special permits to obtain the desired reduction by licensed hunters or licensed trappers on areas prescribed by department wildlife biologists. Designated game species or fur-bearing species may be taken in excess of the general bag limits, during closed seasons, and with any type of lawful weapon on special permits issued under this section under such conditions as may be prescribed by the director.

4VAC15-40-260. Sunday hunting on controlled shooting areas.

A. Except as otherwise provided in the sections appearing in this chapter, it shall be lawful to hunt pen-raised game birds seven days a week as provided by § 29.1-514 of the Code of Virginia. The length of the hunting season on such preserves and the size of the bag limit shall be in accordance with rules of the board. For the purpose of this chapter, controlled shooting areas shall be defined as licensed shooting preserves.

B. It shall be unlawful to hunt pen-raised game birds on Sunday on controlled shooting areas in those counties having a population of not less than 54,000, nor more than 55,000, Augusta County or in any county or city which prohibits Sunday operation by ordinance.

4VAC15-40-285. Unauthorized feeding of deer cervids.

A. It shall be unlawful for any person to place or distribute food, salt, minerals, or similar substances, to feed or attract deer cervids (i) at any time in the counties (including the cities and towns within) of Buchanan, Clarke, Dickenson, Frederick, Shenandoah, Warren, and Wise; (ii) during any deer or elk season within any county, city, or town that allows deer or elk hunting; and (iii) from September 1 through the first Saturday in January, both dates inclusive, elsewhere in the Commonwealth.

B. Any food, salt, minerals, or similar substances placed or distributed to feed or attract cervids prior to September 1 must be completely removed by September 1, and any area where food, salt, minerals, or similar substances were placed or distributed to feed or attract cervids shall be considered to be baited for 10 days following the complete removal of the items listed in this subsection.

C. Nor, upon Upon written notification by department personnel, shall any no person shall continue to place or distribute any food, salt, mineral, or similar substances for any purpose if the placement of these materials results in the attraction of and/or feeding of deer cervids. After such notification, such person shall be in violation of this section if the placing, distribution, or presence of such food, salt, minerals, or similar substances continues.

D. No part of this regulation shall be construed to restrict bona fide agronomic plantings (including wildlife food plots), bona fide distribution of food to livestock, or wildlife management activities conducted or authorized by the department.