TITLE 4. CONSERVATION AND NATURAL RESOURCES
REGISTRAR'S NOTICE: The
Board of Game and Inland Fisheries is claiming an exemption from the
Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of
Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-40. Game: In General (amending 4VAC15-40-30, 4VAC15-40-275;
adding 4VAC15-40-225, 4VAC15-40-287).
Statutory Authority: §§ 29.1-103 and 29.1-501 of
the Code of Virginia (4VAC15-40-30, 4VAC15-40-225, and 4VAC15-40-275).
§§ 29.1-103, 29.1-501, and 29.1-527.2 (4VAC15-40-287).
Public Hearing Information:
May 24, 2017 - 9 a.m. - Department of Game and Inland
Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: May 10, 2017.
Agency Contact: Phil Smith, Regulatory Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341, or email
The proposed amendments (i) add raccoons to the list of
species that may be taken by the use or aid of recorded animal or bird calls or
sounds; (ii) specifically allow humane dispatch methods for animals captured in
traps; (iii) prohibit the drowning of animals captured in cage and box traps;
(iv) limit the requirement for a fur dealer permit to those who purchase raw
fur or unskinned carcasses of fur-bearing animals; (v) provide for the purchase
and sale of pelts not defined as being raw, skinned carcasses, and other
furbearer parts by any person at any time without a permit; (vi) define
"raw fur"; and (vii) provide a model ordinance for cities and towns
to prohibit the feeding of deer.
4VAC15-40-30. Recorded wild animal or wild bird calls or sounds
prohibited in taking game; bobcats, coyotes, crows,
and foxes, and
It shall be unlawful to take or attempt to take wild animals
and wild birds with the exception of bobcats, coyotes, crows,
and raccoons by the use or aid of recorded animal or bird calls or sounds
or recorded or electrically amplified imitation of animal or bird calls or
sounds; provided, that electronic calls may be used on private lands for
hunting bobcats, coyotes, and foxes, and raccoons with written
permission of the landowner and on public lands except where specifically
4VAC15-40-225. Killing of animals captured in live traps
permitted; drowning of animals captured in cage traps prohibited.
It shall be lawful to kill wild animals legally captured
in live traps using any humane method of dispatch not specifically prohibited
by law; however, it shall be unlawful to intentionally drown any wild animal
captured in a cage or box trap.
4VAC15-40-275. Sale of furbearer pelts, carcasses, and
Carcasses, including portions of carcasses, of legally
taken and possessed fur-bearing animals may be sold at any time to buyers
permitted It shall be unlawful to buy, sell, barter, traffic or trade
in, bargain for, or solicit for purchase raw pelts and unskinned carcasses of
fur-bearing animals defined in § 29.1-100 of the Code of Virginia without
having first obtained a fur dealer permit in accordance with
§§ 29.1-400 through 29.1-407 of the Code of Virginia. A permit shall
not be required of any hunter or trapper, or any person lawfully engaged in the
business of fur farming, to sell or dispose of legally taken or possessed raw
pelts and unskinned carcasses of fur-bearing animals at any time. Provided
further, that a permit shall not be required for any person to buy or sell at
any time pelts that are not defined as being raw, skinned carcasses or any
other parts of legally taken and possessed fur-bearing animals defined in §
29.1-100 of the Code of Virginia. Such parts shall include skulls, teeth,
claws, bones, glands, and secretions. For the purposes of this section,
"raw pelt" shall be defined as any pelt with its hair or fur intact
that has not been tanned, cured, chemically preserved, or converted to any
usable form beyond initial cleaning, stretching, and drying. Salt-cured and
sun-cured pelts shall be considered raw pelts.
4VAC15-40-287. Model ordinances related to feeding of deer
in cities and towns.
Per the provisions of § 29.1-527.2 of the Code of
Virginia, the following model ordinance related to the feeding of deer may be
adopted by a city or town. Any city or town must notify the director of the
Department of Game and Inland Fisheries of the adoption of such an ordinance by
A. Pursuant to § 29.1-527.2 of the Code of Virginia, it
shall be unlawful for any person to place, distribute, or allow the placement
of food, salt, minerals, or similar substances to feed or attract deer at any
B. No person shall continue to place, distribute, or allow
the placement of food, salt, minerals, or similar substances for any purpose if
the placement of these materials results in the presence of deer.
C. No part of this ordinance shall be construed to
restrict agricultural, commercial, noncommercial, or residential plantings
(including wildlife food plots); bona fide distribution of food to livestock;
or wildlife management activities conducted or authorized by the Department of
Game and Inland Fisheries.
VA.R. Doc. No. R17-5068; Filed March 29, 2017, 1:29 a.m.