REGISTER INFORMATION PAGE
Vol. 35 Iss. 18 - April 29, 2019

The Virginia Register OF REGULATIONS is an official state publication issued every other week throughout the year. Indexes are published quarterly, and are cumulative for the year. The Virginia Register has several functions. The new and amended sections of regulations, both as proposed and as finally adopted, are required by law to be published in the Virginia Register. In addition, the Virginia Register is a source of other information about state government, including petitions for rulemaking, emergency regulations, executive orders issued by the Governor, and notices of public hearings on regulations.

ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS

An agency wishing to adopt, amend, or repeal regulations must first publish in the Virginia Register a notice of intended regulatory action; a basis, purpose, substance and issues statement; an economic impact analysis prepared by the Department of Planning and Budget; the agency’s response to the economic impact analysis; a summary; a notice giving the public an opportunity to comment on the proposal; and the text of the proposed regulation.

Following publication of the proposal in the Virginia Register, the promulgating agency receives public comments for a minimum of 60 days. The Governor reviews the proposed regulation to determine if it is necessary to protect the public health, safety and welfare, and if it is clearly written and easily understandable. If the Governor chooses to comment on the proposed regulation, his comments must be transmitted to the agency and the Registrar no later than 15 days following the completion of the 60-day public comment period. The Governor’s comments, if any, will be published in the Virginia Register. Not less than 15 days following the completion of the 60-day public comment period, the agency may adopt the proposed regulation.

The Joint Commission on Administrative Rules (JCAR) or the appropriate standing committee of each house of the General Assembly may meet during the promulgation or final adoption process and file an objection with the Registrar and the promulgating agency. The objection will be published in the Virginia Register. Within 21 days after receipt by the agency of a legislative objection, the agency shall file a response with the Registrar, the objecting legislative body, and the Governor.

When final action is taken, the agency again publishes the text of the regulation as adopted, highlighting all changes made to the proposed regulation and explaining any substantial changes made since publication of the proposal. A 30-day final adoption period begins upon final publication in the Virginia Register.

The Governor may review the final regulation during this time and, if he objects, forward his objection to the Registrar and the agency. In addition to or in lieu of filing a formal objection, the Governor may suspend the effective date of a portion or all of a regulation until the end of the next regular General Assembly session by issuing a directive signed by a majority of the members of the appropriate legislative body and the Governor. The Governor’s objection or suspension of the regulation, or both, will be published in the Virginia Register. If the Governor finds that changes made to the proposed regulation have substantial impact, he may require the agency to provide an additional 30-day public comment period on the changes. Notice of the additional public comment period required by the Governor will be published in the Virginia Register.

The agency shall suspend the regulatory process for 30 days when it receives requests from 25 or more individuals to solicit additional public comment, unless the agency determines that the changes have minor or inconsequential impact.

A regulation becomes effective at the conclusion of the 30-day final adoption period, or at any other later date specified by the promulgating agency, unless (i) a legislative objection has been filed, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 21-day objection period; (ii) the Governor exercises his authority to require the agency to provide for additional public comment, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the period for which the Governor has provided for additional public comment; (iii) the Governor and the General Assembly exercise their authority to suspend the effective date of a regulation until the end of the next regular legislative session; or (iv) the agency suspends the regulatory process, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 30-day public comment period and no earlier than 15 days from publication of the readopted action.

A regulatory action may be withdrawn by the promulgating agency at any time before the regulation becomes final.

FAST-TRACK RULEMAKING PROCESS

Section 2.2-4012.1 of the Code of Virginia provides an exemption from certain provisions of the Administrative Process Act for agency regulations deemed by the Governor to be noncontroversial.  To use this process, Governor's concurrence is required and advance notice must be provided to certain legislative committees.  Fast-track regulations will become effective on the date noted in the regulatory action if no objections to using the process are filed in accordance with § 2.2-4012.1.

EMERGENCY REGULATIONS

Pursuant to § 2.2-4011 of the Code of Virginia, an agency, upon consultation with the Attorney General, and at the discretion of the Governor, may adopt emergency regulations that are necessitated by an emergency situation. An agency may also adopt an emergency regulation when Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment. The emergency regulation becomes operative upon its adoption and filing with the Registrar of Regulations, unless a later date is specified. Emergency regulations are limited to no more than 18 months in duration; however, may be extended for six months under certain circumstances as provided for in § 2.2-4011 D. Emergency regulations are published as soon as possible in the Register.

During the time the emergency status is in effect, the agency may proceed with the adoption of permanent regulations through the usual procedures. To begin promulgating the replacement regulation, the agency must (i) file the Notice of Intended Regulatory Action with the Registrar within 60 days of the effective date of the emergency regulation and (ii) file the proposed regulation with the Registrar within 180 days of the effective date of the emergency regulation. If the agency chooses not to adopt the regulations, the emergency status ends when the prescribed time limit expires.

STATEMENT

The foregoing constitutes a generalized statement of the procedures to be followed. For specific statutory language, it is suggested that Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined carefully.

CITATION TO THE VIRGINIA REGISTER

The Virginia Register is cited by volume, issue, page number, and date. 34:8 VA.R. 763-832 December 11, 2017, refers to Volume 34, Issue 8, pages 763 through 832 of the Virginia Register issued on
December 11, 2017.

The Virginia Register of Regulations is published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.

Members of the Virginia Code Commission: John S. Edwards, Chair; James A. "Jay" Leftwich, Vice Chair; Ryan T. McDougle; Rita Davis; Leslie L. Lilley; E.M. Miller, Jr.; Thomas M. Moncure, Jr.; Christopher R. Nolen; Charles S. Sharp; Samuel T. Towell; Mark J. Vucci.

Staff of the Virginia Register: Karen Perrine, Registrar of Regulations; Anne Bloomsburg, Assistant Registrar; Nikki Clemons, Regulations Analyst; Rhonda Dyer, Publications Assistant; Terri Edwards, Senior Operations Staff Assistant.


PUBLICATION SCHEDULE AND DEADLINES
Vol. 35 Iss. 18 - April 29, 2019

May 2019 through April 2020

Volume: Issue

Material Submitted By Noon*

Will Be Published On

35:20

May 8, 2019

May 27, 2019

35:21

May 22, 2019

June 10, 2019

35:22

June 5, 2019

June 24, 2019

35:23

June 19, 2019

July 8, 2019

35:24

July 3, 2019

July 22, 2019

35:25

July 17, 2019

August 5, 2019

35:26

July 31, 2019

August 19, 2019

36:1

August 14, 2019

September 2, 2019

36:2

August 28, 2019

September 16, 2019

36:3

September 11, 2019

September 30, 2019

36:4

September 25, 2019

October 14, 2019

36:5

October 9, 2019

October 28, 2019

36:6

October 23, 2019

November 11, 2019

36:7

November 6, 2019

November 25, 2019

36:8

November 18, 2019 (Monday)

December 9, 2019

36:9

December 4, 2019

December 23, 2019

36:10

December 18, 2019

January 6, 2020

36:11

January 1, 2020

January 20, 2020

36:12

January 15, 2020

February 3, 2020

36:13

January 29, 2020

February 17, 2020

36:14

February 12. 2020

March 2, 2020

36:15

February 26, 2020

March 16, 2020

36:16

March 11, 2020

March 30, 2020

36:17

March 25, 2020

April 13, 2020

*Filing deadlines are Wednesdays unless otherwise specified.


PETITIONS FOR RULEMAKING
Vol. 35 Iss. 18 - April 29, 2019

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM

Initial Agency Notice

Title of Regulation: 24VAC35-30. VASAP Case Management Policy and Procedure Manual.

Statutory Authority: § 18.2-270.2 of the Code of Virginia.

Name of Petitioner: Cynthia Ellen Hites.

Nature of Petitioner's Request: "I, Cynthia Hites, citizen of the Commonwealth of Virginia, pursuant to § 2.2-4007 of the Code of Virginia, do humbly submit this petition for the following amendment to Virginia Administrative Code 24VAC35-30-150. Currently, Alcohol Safety Action Program (ASAP) case managers can deny citizens' right to due process by choosing to restart an ASAP client's court imposed ignition interlock sentence. Upon suspicion of an ignition interlock violation, ASAP case managers should initiate a non-compliance hearing for that offender. However, ASAP case managers are usurping the jurisdiction of the court, endowed by §§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia, by personally altering or extending the sentences of their clients. ASAP case managers serve in a probationary capacity, and as such, are precluded from considering evidence surrounding ignition interlock violation accusations. Despite this, ASAP case managers are choosing to impose punishment on citizens without the benefit of a trial. The current verbiage of the statute is as follows: '24VAC35-30-150. Reporting. ASAPs shall work with the courts and service providers to establish reports essential to the probationary function of the case manager.' To clarify for all ASAP and VASAP personnel, and reiterate wherein lies judicial authority, I request the addition of the following language to 24VAC35-30-150: '24VAC35-30-150. Reporting. ASAPs shall work with the courts and service providers to establish reports essential to the probationary function of the case manager. Under no circumstance shall an ASAP case manager alter any court-imposed sentence, or attempt to personally adjudicate a suspected ignition interlock violation.' This simple change will help protect Virginians from being unjustly penalized before all evidence and accusations against them can be presented in a court of law."

Agency Plan for Disposition of Request: The Commission on Virginia Alcohol Safety Action Program will consider this petition at its quarterly meeting on December 13, 2019.

Public Comment Deadline: December 6, 2019.

Agency Contact: Richard Foy, Regulatory Coordinator, Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, or email rfoy@vasap.virginia.gov.

VA.R. Doc. No. R19-32; Filed April 10, 2019, 12:35 p.m.

Agency Decision

Title of Regulation: 24VAC35-60. Ignition Interlock Program Regulations.

Statutory Authority: § 18.2-270.2 of the Code of Virginia.

Name of Petitioner: David Hites.

Nature of Petitioner's Request: "Under § 2.2-4007 of the Code of Virginia, I David Hites, ask that the following change be made to Virginia Administrative Code 24VAC35-60-70, Section F, Paragraph 3 from: 'The ignition interlock device shall be alcohol specific, using an electrochemical fuel cell that reacts to and measures alcohol, minimizing positive results from other substances.' to: 'The ignition interlock device shall be alcohol specific, using any proven technology that reacts to and measures alcohol only, as defined in 24VAC35-60-20 "Definitions" meaning ethyl alcohol, also called ethanol (C2H5OH).' The law as currently written demands the use of fuel cell technology. It also demands that breath alcohol ignition interlock devices (BAIIDs) be ethanol specific. The two requirements cannot simultaneously be met. If the law requires BAIIDs to be specific to ethanol, then a fuel cell does not meet that requirement, as by its nature it will detect other alcohols. The law must be changed due to its inconsistency and impossibility to meet both standards. Thank you for your consideration."

Agency Decision: Request denied.

Statement of Reason for Decision: The petitioner's request was considered by the Commission on Virginia Alcohol Safety Action Program (VASAP) at its quarterly meeting on March 29, 2019. VASAP interprets and defines the terms "alcohol" and "alcohol specific" so as to be consistent with the Code of Virginia, the National Highway Traffic Safety Administration's Model Specifications for Ignition Interlock Devices, the Association of Ignition Interlock Program Administrator's standardized vocabulary directory, many research studies, and common industry language. In order for the VASAP regulations to remain consistent with both the historic and current usage of these terms, the commission denied the petition.

Agency Contact: Richard Foy, Regulatory Coordinator, Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, or email rfoy@vasap.virginia.gov.

VA.R. Doc. No. R19-04; Filed April 10, 2019, 12:50 p.m.

 


REGULATIONS
Vol. 35 Iss. 18 - April 29, 2019

TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation

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: 4VAC15-20. Definitions and Miscellaneous: In General (amending 4VAC15-20-50, 4VAC15-20-65, 4VAC15-20-130; adding 4VAC15-20-240).

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

Public Hearing Information:

May 30, 2019 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228

Public Comment Deadline: May 15, 2019.

Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dgif.virginia.gov.

Summary:

The proposed amendments (i) update department headquarters references, (ii) prohibit use of drones for certain activities, and (iii) increase license fees.

4VAC15-20-50. Definitions; "wild animal," "native animal," "naturalized animal," "nonnative (exotic) animal," and "domestic animal."

A. In accordance with § 29.1-100 of the Code of Virginia, the following terms shall have the meanings ascribed to them by this section when used in regulations of the board:

"Native animal" means those species and subspecies of animals naturally occurring in Virginia, as included in the department's 2018 "List of Native and Naturalized Fauna of Virginia," with copies available in the Richmond headquarters and regional offices of the department.

"Naturalized animal" means those species and subspecies of animals not originally native to Virginia that have established wild, self-sustaining populations, as included in the department's 2018 "List of Native and Naturalized Fauna of Virginia," with copies available in the Richmond headquarters and regional offices of the department.

"Nonnative (exotic) animal" means those species and subspecies of animals not naturally occurring in Virginia, excluding domestic and naturalized species.

The following animals are defined as domestic animals:

Domestic dog (Canis familiaris), including wolf hybrids.

Domestic cat (Felis catus), including hybrids with wild felines.

Domestic horse (Equus caballus), including hybrids with Equus asinus.

Domestic ass, burro, and donkey (Equus asinus).

Domestic cattle (Bos taurus and Bos indicus).

Domestic sheep (Ovis aries) including hybrids with wild sheep.

Domestic goat (Capra hircus).

Domestic swine (Sus scrofa), including pot-bellied pig and excluding any swine that are wild or for which no claim of ownership can be made.

Llama (Lama glama).

Alpaca (Lama pacos).

Camels (Camelus bactrianus and Camelus dromedarius).

Domesticated races of hamsters (Mesocricetus spp.).

Domesticated races of mink (Mustela vison) where adults are heavier than 1.15 kilograms or their coat color can be distinguished from wild mink.

Domesticated races of guinea pigs (Cavia porcellus).

Domesticated races of gerbils (Meriones unguiculatus).

Domesticated races of chinchillas (Chinchilla laniger).

Domesticated races of rats (Rattus norvegicus and Rattus rattus).

Domesticated races of mice (Mus musculus).

Domesticated breeds of European rabbit (Oryctolagus cuniculus) recognized by the American Rabbit Breeders Association, Inc. and any lineage resulting from crossbreeding recognized breeds. A list of recognized rabbit breeds is available on the department's website.

Domesticated races of chickens (Gallus).

Domesticated races of turkeys (Meleagris gallopavo).

Domesticated races of ducks and geese distinguishable morphologically from wild birds.

Feral pigeons (Columba domestica and Columba livia) and domesticated races of pigeons.

Domesticated races of guinea fowl (Numida meleagris).

Domesticated races of peafowl (Pavo cristatus).

"Wild animal" means any member of the animal kingdom, except domestic animals, including without limitation any native, naturalized, or nonnative (exotic) mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate, and includes any hybrid of them, except as otherwise specified in regulations of the board, or part, product, egg, or offspring of them, or the dead body or parts of them.

B. Exception for red foxes and European rabbits. Domesticated red foxes (Vulpes vulpes) having coat colors distinguishable from wild red foxes and wild European rabbits possessed in captivity on July 1, 2017, may be maintained in captivity until the animal dies, but the animal may not be bred or sold without a permit from the department. Persons possessing domesticated red foxes or European rabbits without a permit from the department must declare such possession in writing to the department by January 1, 2018. This written declaration must include the number of individual animals in possession and date acquired, sex, estimated age, coloration, and a photograph of each fox or European rabbit. This written declaration shall (i) serve as a permit for possession only, (ii) is not transferable, and (iii) must be renewed every five years.

4VAC15-20-65. Hunting, trapping, and fishing license and permit fees.

In accordance with the authority of the board under subdivision 16 of § 29.1-103 of the Code of Virginia, the following fees are established for hunting, trapping, and fishing licenses and permits:

Virginia Resident Licenses to Hunt

Type license

Fee

1-year One-year Resident License to Hunt, for licensees 16 years of age or older

$22.00

2-year Two-year Resident License to Hunt, for licensees 16 years of age or older

$43.00

3-year Three-year Resident License to Hunt, for licensees 16 years of age or older

$64.00

4-year Four-year Resident License to Hunt, for licensees 16 years of age or older

$85.00

County or City Resident License to Hunt in County or City of Residence Only, for licensees 16 years of age or older

$15.00

Resident Senior Citizen Annual License to Hunt, for licensees 65 years of age or older

$8.00

Resident Junior License to Hunt, for licensees 12 through 15 years of age, optional for licensees under younger than 12 years of age

$7.50

Resident Youth Combination License to Hunt, and to hunt bear, deer, and turkey, to hunt with archery equipment during archery hunting season, and to hunt with muzzleloading guns during muzzleloading hunting season, for licensees under younger than 16 years of age

$15.00

Resident Sportsman License to Hunt and Freshwater Fish, and to hunt bear, deer, and turkey, to hunt with archery equipment during archery hunting season, to hunt with muzzleloading guns during muzzleloading hunting season, to fish in designated stocked trout waters (also listed under Virginia Resident Licenses to Fish)

$132.00 $109.00

Resident Hunting License for Partially Disabled Veterans

$11.00

Resident Infant Lifetime License to Hunt

$130.00

Resident Junior Lifetime License to Hunt, for licensees under younger than 12 years of age at the time of purchase

$255.00 $260.00

Resident Lifetime License to Hunt, for licensees at the time of purchase:

through 44 years of age

$260.00 $265.00

45 through 50 years of age

$210.00 $215.00

51 through 55 years of age

$160.00 $165.00

56 through 60 years of age

$110.00 $115.00

61 through 64 years of age

$60.00 $65.00

65 years of age and over older

$20.00 $25.00

Resident Hunting License for Partially Disabled Veterans

$11.00

Totally and Permanently Disabled Resident Special Lifetime License to Hunt

$15.00

Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Hunt or Freshwater Fish (also listed under Virginia Resident Licenses to Fish)

no fee

 

Virginia Resident Licenses for Additional Hunting Privileges

Type license or permit

Fee

Resident Deer and Turkey Hunting License, for licensees 16 years of age or older

$22.00

Resident Junior Deer and Turkey Hunting License, for licensees under younger than 16 years of age

$7.50

Resident Archery License to Hunt with archery equipment during archery hunting season

$17.00

Resident Bear Hunting License

$20.00

Resident Muzzleloading License to Hunt during muzzleloading hunting season

$17.00

Resident Bonus Deer Permit

$17.00

Resident Fox Hunting License to hunt foxes on horseback with hounds without firearms (not required of an individual holding a general License to Hunt)

$22.00

 

Virginia Nonresident Licenses to Hunt

Type license

Fee

Nonresident License to Hunt, for licensees 16 years of age or older

$110.00

Nonresident Three-Day Trip License to Hunt

$59.00

Nonresident Youth License to Hunt, for licensees:

under younger than 12 years of age

$12.00

12 through 15 years of age

$15.00

Nonresident Youth Combination License to Hunt, and to hunt bear, deer, and turkey, to hunt with archery equipment during archery hunting season, and to hunt with muzzleloading guns during muzzleloading hunting season, for licensees under younger than 16 years of age

$30.00

Nonresident Annual Hunting License for Partially Disabled Veterans

$55.00

Nonresident Annual Hunting License for Totally and Permanently Disabled Veterans

$27.50

Nonresident Infant Lifetime License to Hunt

$275.00

Nonresident Lifetime License to Hunt

$555.00 $580.00

 

Virginia Nonresident Licenses for Additional Hunting Privileges

Type license or permit

Fee

Nonresident Deer and Turkey Hunting License, for licensees:

16 years of age or older

$85.00

12 through 15 years of age

$15.00

under younger than 12 years of age

$12.00

Nonresident Bear Hunting License

$150.00

Nonresident Archery License to Hunt with archery equipment during archery hunting season

$30.00

Nonresident Muzzleloading License to Hunt during muzzleloading hunting season

$30.00

Nonresident Shooting Preserve License to Hunt within the boundaries of a licensed shooting preserve

$22.00

Nonresident Bonus Deer Permit

$30.00

Nonresident Fox Hunting License to hunt foxes on horseback with hounds without firearms (not required of an individual holding a general License to Hunt)

$110.00

 

Miscellaneous Licenses or Permits to Hunt

Type license or permit

Fee

Waterfowl Hunting Stationary Blind in Public Waters License

$22.50

Waterfowl Hunting Floating Blind in Public Waters License

$40.00

Foxhound Training Preserve License

$17.00

Public Access Lands for Sportsmen Permit to Hunt, Trap, or Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits to Fish)

$17.00 $22.00

 

Virginia Resident and Nonresident Licenses to Trap

Type license

Fee

1-year One-year Resident License to Trap, for licensees 16 years of age or older

$45.00

2-year Two-year Resident License to Trap, for licensees 16 years of age or older

$89.00

3-year Three-year Resident License to Trap, for licensees 16 years of age or older

$133.00

4-year Four-year Resident License to Trap, for licensees 16 years of age or older

$177.00

County or City Resident License to Trap in County or City of Residence Only

$20.00

Resident Junior License to Trap, for licensees under younger than 16 years of age

$10.00

Resident Senior Citizen License to Trap, for licensees 65 years of age or older

$8.00

Resident Senior Citizen Lifetime License to Trap, for licensees 65 years of age or older

$20.00 $25.00

Totally and Permanently Disabled Resident Special Lifetime License to Trap

$15.00

Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Trap

$15.00

Nonresident License to Trap

$205.00

 

Virginia Resident Licenses to Fish

Type license

Fee

1-year One-year Resident License to Freshwater Fish

$22.00

2-year Two-year Resident License to Freshwater Fish

$43.00

3-year Three-year Resident License to Freshwater Fish

$64.00

4-year Four-year Resident License to Freshwater Fish

$85.00

County or City Resident License to Freshwater Fish in County or City of Residence Only

$15.00

Resident License to Freshwater Fish, for licensees 65 years of age or older

$8.00

Resident License to Fish in Designated Stocked Trout Waters

$22.00

Resident License to Freshwater and Saltwater Fish

$38.50

Resident License to Freshwater Fish for Five Consecutive Days

$13.00

Resident License to Freshwater and Saltwater Fish for Five Consecutive Days

$23.00

Resident Sportsman License to Hunt and Freshwater Fish, and to hunt bear, deer, and turkey, to hunt with archery equipment during archery hunting season, to hunt with muzzleloading guns during muzzleloading hunting season, to fish in designated stocked trout waters (also listed under Virginia Resident Licenses to Hunt)

$132.00 $109.00

Resident Fishing License for Partially Disabled Veterans

$11.00

Resident Infant Lifetime License to Fish

130.00

Resident Special Lifetime License to Freshwater Fish, for licensees at the time of purchase:

 

through 44 years of age

$260.00 $265.00

45 through 50 years of age

$210.00 $215.00

51 through 55 years of age

$160.00 $165.00

56 through 60 years of age

$110.00 $115.00

61 through 64 years of age

$60.00 $65.00

65 years of age and over older

$20.00 $25.00

Resident Special Lifetime License to Fish in Designated Stocked Trout Waters, for licensees at the time of purchase:

through 44 years of age

$260.00 $265.00

45 through 50 years of age

$210.00 $215.00

51 through 55 years of age

$160.00 $165.00

56 through 60 years of age

$110.00 $115.00

61 through 64 years of age

$60.00 $65.00

65 years of age and over older

$20.00 $25.00

Resident Fishing License for Partially Disabled Veterans

$11.00

Totally and Permanently Disabled Resident Special Lifetime License to Freshwater Fish

$15.00

Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Hunt and Freshwater Fish (also listed under Virginia Resident Licenses to Hunt)

no fee

 

Virginia Nonresident Licenses to Fish

Type license

Fee

Nonresident License to Freshwater Fish

$46.00

Nonresident License to Freshwater Fish in Designated Stocked Trout Waters

$46.00

Nonresident License to Freshwater and Saltwater Fish

$70.00

Nonresident Fishing License for Partially Disabled Veterans

$23.00

Nonresident Annual Fishing License for Totally and Permanently Disabled Veterans

$11.50

Nonresident License to Freshwater Fish for One Day

$7.00

Nonresident License to Freshwater Fish for Five Consecutive Days

$20.00

Nonresident License to Freshwater and Saltwater Fish for Five Consecutive Days

$30.00

Nonresident Infant Lifetime License to Fish

$275.00

Nonresident Special Lifetime License to Freshwater Fish

$555.00 $580.00

Nonresident Special Lifetime License to in Fish in Designated Stocked Trout Waters

$555.00 $580.00

 

Miscellaneous Licenses or Permits to Fish

Type license or permit

Fee

Permit to Fish for One Day at Board-Designated Stocked Trout Fishing Areas with Daily Use Fees

$7.00

Public Access Lands for Sportsmen Permit to Hunt, Trap, or Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits to Hunt)

$17.00

Special Guest Fishing License

$60.00

4VAC15-20-130. Endangered and threatened species; adoption of federal list; additional species enumerated.

A. The board hereby adopts the Federal Endangered and Threatened Species List, Endangered Species Act of December 28, 1973 (16 USC §§ 1531-1543), as amended as of August 4, 2016 February 26, 2019, and declares all species listed thereon to be endangered or threatened species in the Commonwealth. Pursuant to subdivision 12 of § 29.1-103 of the Code of Virginia, the director of the department is hereby delegated authority to propose adoption of modifications and amendments to the Federal Endangered and Threatened Species List in accordance with the procedures of §§ 29.1-501 and 29.1-502 of the Code of Virginia.

B. In addition to the provisions of subsection A of this section, the following species are declared endangered or threatened in this Commonwealth, and are afforded the protection provided by Article 6 (§ 29.1-563 et seq.) of Chapter 5 of Title 29.1 of the Code of Virginia:

1. Fish:

Endangered

 

Dace, Tennessee

Phoxinus tennesseensis

 

Darter, sharphead

Etheostoma acuticeps

 

Darter, variegate

Etheostoma variatum

 

Sunfish, blackbanded

Enneacanthus chaetodon

Threatened:

 

Darter, Carolina

Etheostoma collis

 

Darter, golden

Etheostoma denoncourti

 

Darter, greenfin

Etheostoma chlorobranchium

 

Darter, sickle

Percina willliamsi

 

Darter, western sand

Ammocrypta clara

 

Madtom, orangefin

Noturus gilberti

 

Paddlefish

Polyodon spathula

 

Shiner, emerald

Notropis atherinoides

 

Shiner, steelcolor

Cyprinella whipplei

 

Shiner, whitemouth

Notropis alborus

2. Amphibians:

Endangered:

 

Salamander,
eastern tiger

Ambystoma tigrinum

Threatened:

 

Salamander, Mabee's

Ambystoma mabeei

 

Treefrog, barking

Hyla gratiosa

3. Reptiles:

Endangered:

 

Rattlesnake, canebrake (Coastal Plain population of timber rattlesnake)

Crotalus horridus

 

Turtle, bog

Glyptemys muhlenbergii

 

Turtle, eastern chicken

Deirochelys reticularia reticularia

Threatened:

 

Lizard, eastern glass

Ophisaurus ventralis

 

Turtle, wood

Glyptemys insculpta

4. Birds:

Endangered:

 

Plover, Wilson's

Charadrius wilsonia

Rail, black

Laterallus jamaicensis

 

Wren, Bewick's

Thryomanes bewickii bewickii

Threatened:

 

Falcon, peregrine

Falco peregrinus

 

Shrike, loggerhead

Lanius ludovicianus

 

Sparrow, Bachman's

Aimophila aestivalis

 

Sparrow, Henslow's

Ammodramus henslowii

 

Tern, gull-billed

Sterna nilotica

5. Mammals:

Endangered:

 

Bat, Rafinesque's eastern big-eared

Corynorhinus rafinesquii macrotis

 

Bat, little brown

Myotis lucifugus

 

Bat, tri-colored

Perimyotis subflavus

 

Hare, snowshoe

Lepus americanus

 

Shrew, American water

Sorex palustris

 

Vole, rock

Microtus chrotorrhinus

6. Mollusks:

Endangered:

 

Coil, rubble

Helicodiscus lirellus

 

Coil, shaggy

Helicodiscus diadema

 

Deertoe

Truncilla truncata

 

Elephantear

Elliptio crassidens

 

Elimia, spider

Elimia arachnoidea

 

Floater, brook

Alasmidonta varicosa

 

Ghostsnail, thankless

Holsingeria unthanksensis

 

Heelsplitter, Tennessee

Lasmigona holstonia

 

Lilliput, purple

Toxolasma lividus

 

Mussel, slippershell

Alasmidonta viridis

 

Pigtoe, Ohio

Pleurobema cordatum

 

Pigtoe, pyramid

Pleurobema rubrum

 

Springsnail, Appalachian

Fontigens bottimeri

 

Springsnail (no common name)

Fontigens morrisoni

 

Supercoil, spirit

Paravitrea hera

Threatened:

 

Floater, green

Lasmigona subviridis

 

Papershell, fragile

Leptodea fragilis

 

Pigtoe, Atlantic

Fusconaiamasoni

 

Pimpleback

Quadrula pustulosa pustulosa

 

Pistolgrip

Tritogonia verrucosa

 

Riversnail, spiny

Iofluvialis

 

Sandshell, black

Ligumia recta

 

Supercoil, brown

Paravitrea septadens

7. Arthropods:

Threatened:

 

Amphipod, Madison Cave

Stygobromus stegerorum

 

Pseudotremia, Ellett Valley

Pseudotremia cavernarum

 

Xystodesmid, Laurel Creek

Sigmoria whiteheadi

C. It shall be unlawful to take, transport, process, sell, or offer for sale within the Commonwealth any threatened or endangered species of fish or wildlife except as authorized by law.

D. The incidental take of certain species may occur in certain circumstances and with the implementation of certain conservation practices as described in this subsection:

 

VA.R. Doc. No. R19-5933; Filed April 9, 2019, 3:53 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation

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: 4VAC15-30. Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals (amending 4VAC15-30-50).

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

Public Hearing Information:

May 30, 2019 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228

Public Comment Deadline: May 15, 2019.

Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dgif.virginia.gov.

Summary:

The proposed amendments authorize department-permitted wildlife rehabilitators to receive, possess, provide care for, including to humanely dispatch, and release wildlife.

4VAC15-30-50. Possession, transportation, and release of wildlife by authorized persons.

A. Department employees in the performance of their official duties; U.S. government agencies' employees whose responsibility includes fisheries and wildlife management; county, city, or town animal control officers in the performance of their official duties related to public health concerns or problem wildlife removal; and individuals operating under conditions of a commercial nuisance animal permit issued by the department pursuant to §§ 29.1-412 and 29.1-417 of the Code of Virginia will be deemed to be permitted pursuant to this section to capture, temporarily hold or possess, transport, release, and when necessary humanely dispatch wildlife, provided that the methods of and documentation for the capture, possession, transport, release, and humane dispatch shall be in accordance with director policy.

B. Local animal shelters operating under the authority of, or under contract with, any county, city, or town with animal control responsibilities shall be authorized to receive, temporarily confine, and humanely euthanize wildlife, except for state or federal threatened and endangered species;, federally protected migratory bird species;, black bear;, white-tailed deer;, and wild turkey, provided that the methods of and documentation for the possession, confinement, and euthanasia shall be in accordance with conditions defined by the agency director. Provided further that any person may legally transport wildlife, except for those species listed in this subsection, to an authorized animal shelter after contacting the facility to confirm the animal will be accepted.

C. Wildlife rehabilitators permitted by the department shall be authorized to receive, temporarily confine, provide medical care to, release, and humanely dispatch wildlife provided that the methods of and documentation for such activities shall be in accordance with permit conditions defined by the department. Any person may capture and transport an injured, debilitated, sick, or orphaned wild animal without unnecessary delay directly to a permitted wildlife rehabilitator, department employee, or other person authorized by the department to possess and transport these animals, but only after contacting the facility, employee, or authorized person to confirm the animal will be accepted. Prior to transport, no care may be provided to a wild animal, except as directed by a permitted wildlife rehabilitator or department employee. Following rehabilitation, any person, under the direction of a permitted wildlife rehabilitator or department employee, may transport and release certain species of native wildlife back into the wild in accordance with conditions defined by the department for permitted wildlife rehabilitators.

C. D. Employees or agents of other state wildlife agencies while in the performance of their official duty in transporting wildlife through the Commonwealth will be deemed to be permitted pursuant to this section, provided that a list of animals to be transported, a schedule of dates and locations where those animals will be housed while in the Commonwealth, and a letter of authorization from both the forwarding and receiving state agencies are provided to the department 24 hours prior to the transporting of such animals, and further provided that such animals shall not be liberated within the Commonwealth.

D. E. Employees or agents of government agencies, while in the performance of their official duties, may temporarily possess, transport, and dispose of carcasses of wild animals killed by vehicles, except for state or federal threatened and endangered species, and federally protected migratory bird species.

E. F. With prior written approval from the director or his the director's designee and under conditions of an applicable department permit, institutions with bona fide accreditation from the Association of Zoos and Aquariums may possess, transport, have transported, export, or import native and naturalized species defined in the List of Native and Naturalized Fauna of Virginia, which is incorporated by reference into 4VAC15-20-50.

VA.R. Doc. No. R19-5932; Filed April 9, 2019, 3:26 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation

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 4VAC15-40-60, 4VAC15-40-70, 4VAC15-40-270, 4VAC15-40-275, 4VAC15-40-285; adding 4VAC15-40-276, 4VAC15-40-300).

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

Public Hearing Information:

May 30, 2019 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228

Public Comment Deadline: May 15, 2019.

Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dgif.virginia.gov.

Summary:

The proposed amendments (i) require hunting weapons be cased or dismantled on certain public lands outside of hunting season; (ii) define "hunting weapon" to include all hunting weapon types; (iii) update the definition of a loaded muzzleloader; (iv) define loaded arrowgun; (v) clarify where the possession of firearms and the shooting of properly marked mallards and pigeons is allowed and remove the Sunday exception; (vi) open three new wildlife management areas for training dogs on quail; (vii) authorize the sale of unclaimed black bear mounts or processed hides by taxidermists and the sale of nutria, coyote, and certain small game parts; (viii) prohibit feeding cervids in any county within 25 miles of a Chronic Wasting Disease detection; and (ix) make providing incorrect harvest information unlawful.

4VAC15-40-60. Hunting with dogs or possession of weapons in certain locations during closed season.

A. Department-owned lands west of the Blue Ridge Mountains and national forest lands statewide. It shall be unlawful to have in possession a bow, crossbow, or any firearm or any hunting weapon that is not unloaded and cased or dismantled on all national forest lands statewide and on department-owned lands and on other lands managed by the department under cooperative agreement located in counties west of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, or waterfowl, or migratory gamebirds on these lands.

B. Department-owned lands east of the Blue Ridge Mountains. It shall be unlawful to have in possession a bow, crossbow, or any firearm that is not unloaded and cased or dismantled on department-owned lands and on other lands managed by the department under cooperative agreement located in the counties east of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, waterfowl or migratory gamebirds on these lands.

C. B. Certain counties. Except as otherwise provided in 4VAC15-40-70, it shall be unlawful to have either a shotgun or a rifle in one's possession when accompanied by a dog in the daytime in the fields, forests or waters of the counties Counties of Augusta, Clarke, Frederick, Page, Shenandoah, and Warren, and in the counties east of the Blue Ridge Mountains, except Patrick, at any time except the periods prescribed by law to hunt game birds and animals.

D. C. Shooting ranges and authorized activities. The provisions of this section shall not prohibit the conduct of any activities authorized by the board or the establishment and operation of archery and shooting ranges on the lands described in subsections A, B and C B of this section. The use of firearms, crossbows, and bows or any hunting weapon in such ranges during the closed season period will be restricted to the area within the established range boundaries. Such weapons shall be required to be unloaded and cased or dismantled in all areas other than the range boundaries. The use of firearms, crossbows, or bows any hunting weapon during the closed hunting period in such ranges shall be restricted to target shooting only, and no birds or animals shall be molested.

E. D. It shall be unlawful to chase with a dog or train dogs on national forest lands or department-owned lands except during authorized hunting, chase, or training seasons that specifically permit these activities on these lands or during raccoon hound field trials on these lands between September 1 and March 31, both dates inclusive, that are sanctioned by bona fide national kennel clubs and authorized by permits required and issued by the department and or the U.S. Forest Service.

F. E. It shall be unlawful to possess or transport any loaded firearm, or loaded crossbow hunting weapon in or on any vehicle at any time on national forest lands or department-owned lands.

G. F. The provisions of this section shall not prohibit the possession, transport, and use of loaded firearms by employees of the Department of Game and Inland Fisheries while engaged in the performance of their authorized and official duties, nor shall it prohibit possession and transport of loaded concealed handguns where the individual possesses a concealed handgun permit as defined in § 18.2-308 of the Code of Virginia.

H. G. Meaning of "possession" of bow, crossbow, or firearm any hunting weapon and definition of "loaded crossbow," "loaded arrowgun," "loaded muzzleloader," and "loaded firearm." For the purpose of this section, the word "possession" shall include, but not be limited to, having any bow, crossbow, or firearm or weapon used for hunting in or on one's person, vehicle, or conveyance. For the purpose of this section, a "loaded firearm" shall be defined as means a firearm in which ammunition is chambered or loaded in the magazine or clip when such magazine or clip is engaged or partially engaged in a firearm. The definition of a loaded muzzleloading firearm muzzleloader will include a muzzleloading firearm rifle, pistol, or shotgun that is capped, or has a charged pan, or has a primer or battery installed in the firearm muzzleloader. The definition of a A "loaded crossbow" is means a crossbow that is cocked and has either a bolt or arrow engaged or partially engaged on the shooting rail or track of the crossbow, or with a "trackless crossbow" when the crossbow is cocked and a bolt or arrow is nocked. "Loaded arrowgun" means an arrowgun that has an arrow or bolt inserted on the arrow rest or in the barrel. "Hunting weapon" means any weapon allowable for hunting as defined in § 29.1-519 of the Code of Virginia.

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 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 on private lands 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 1/2 hour before 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, Cavalier Wildlife Management Area, Chester F. Phelps Wildlife Management Area, Chickahominy Wildlife Management Area, and Dick Cross Wildlife Management Area, Mattaponi Wildlife Management Area, and White Oak Mountain 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.

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.

4VAC15-40-270. Sale of unclaimed taxidermy specimens by licensed taxidermists.

Unclaimed mounted native wildlife specimens or their processed hides, when taken in accordance with the provisions of law and regulations, may be sold by a Virginia licensed taxidermist with the exception of black bears, migratory waterfowl, migratory birds, and state and federally listed threatened and endangered species.

A mount or processed hide shall be considered unclaimed if it has been left in a taxidermy place of business for more than 30 days beyond the period the mount was to remain on the premises pursuant to a contract. This contract must inform the owner of the possibility of such sale. After the 30-day period a notice by registered or certified mail with a return receipt requested must be mailed to the owner of record therein, instructing him the owner to reclaim the mount within 15 days of the notice. This notice shall identify the species and the date it was received, set forth the location of the taxidermist facility where it is held, and inform the owner of his rights to reclaim the mount with 15 days of this notice after payment of the specified costs. This notice shall state that the failure of the owner to reclaim the mount or hide within this 15-day time frame timeframe may result in the sale of the unclaimed mount or hide.

If a mount or hide is not claimed after the return of a signed certified receipt and within the 15-day period, then the taxidermist may sell the mount for an amount not to exceed the remainder of the amount of the original invoice plus reasonable administrative and storage costs. Within seven days of the sale of any unclaimed mount the taxidermist shall notify the department in writing of the name, telephone number, and address of the purchaser, invoice price, species sold, taxidermist, and previous owners' name, telephone number, and address. Upon receipt of such paperwork for a bear mount or hide, a conservation police officer will review the paperwork and will provide the purchaser a form that will remain with the mount.

For the purposes of this section, "mount" means the processed hide, pelt, or skin of an animal affixed to a form for display. A processed hide, pelt, or skin is one that has been tanned, cured, chemically preserved, or converted to any usable form beyond initial cleaning, stretching, and drying by the taxidermist or the taxidermist's agent. Nothing in this section shall permit the sale of skulls, claws, teeth, unprocessed hides, or any other parts of a bear that are not a legitimate part of the mount.

4VAC15-40-275. Sale of furbearer, coyote, and nutria pelts, carcasses, and parts.

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, coyotes, and nutria without having first obtained a fur dealer permit in accordance with §§ 29.1-400 through 29.1-407 of the Code of Virginia, except that a permit shall not be required of:

1. 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.

2. Any person to purchase legally taken or possessed raw pelts or unskinned carcasses of fur-bearing animals, coyotes, and nutria at any time if the pelts are to be tanned or used in taxidermy mounts for personal use and not for resale, trade, or other commercial purposes.

3. Any person to buy or sell at any time pelts that are not defined as being raw, skinned carcasses, such as taxidermy mounts, or any other parts of legally taken and possessed fur-bearing animals defined in § 29.1-100 of the Code of Virginia, coyotes, and nutria. Such parts shall include skulls, teeth, claws, bones, glands, and secretions. For the purposes of this section, "raw pelt" shall be defined as means 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.

4VAC15-40-276. Sale of small game animals and parts.

It shall be lawful for any person to purchase or sell skins, pelts, skulls, bones, teeth, claws, feet, tails, hair, feathers, taxidermy mounts, and other nonmeat parts of legally taken and possessed rabbits, squirrels, bobwhite quail, ruffed grouse, and pheasants.

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

A. It shall be unlawful for any person to place or distribute food, salt, minerals, or similar substances to feed or attract cervids (i) at any time in the counties Counties (including the cities and towns within) of Buchanan, Clarke, Dickenson, Frederick, Shenandoah, Warren, and Wise, and in any county designated by the department within 25 miles of a confirmed detection of Chronic Wasting Disease; (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. Upon written notification by department personnel, 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 or feeding of 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.

4VAC15-40-300. Falsifying harvest information prohibited.

It shall be unlawful to provide false statements or record false information when tagging, checking, or reporting the harvest of any wild animal to the department, any agent of the department, or any taxidermist.

VA.R. Doc. No. R19-5924; Filed April 9, 2019, 3:10 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation

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: 4VAC15-50. Game: Bear (amending 4VAC15-50-11, 4VAC15-50-12, 4VAC15-50-71, 4VAC15-50-81, 4VAC15-50-91, 4VAC15-50-110, 4VAC15-50-120).

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

Public Hearing Information:

May 30, 2019 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228

Public Comment Deadline: May 15, 2019.

Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dgif.virginia.gov.

Summary:

The proposed amendments (i) add the three-day early open season to the Counties of Albemarle, Amherst, Bedford, Frederick, and Nelson; (ii) remove references to Augusta County north and south of U.S. Route 250; (iii) add two weeks of open season to 35 counties in south-central and eastern Virginia; (iv) add two weeks of open season to 11 counties or portions of counties in southwestern Virginia south of I-81; (v) add one week of open season to seven counties or portions of counties in southwestern Virginia north of I-81; (vi) extend the duration of bear hunting within incorporated cities and allow towns to have the same season; (vii) correct a boundary line distinction along Route 16 in Grayson and Smyth Counties; (viii) update the definition of a muzzleloader to current technological standards to match those found in 4VAC15-90-80; (ix) allow for harvested black bears to be checked using the automated harvest reporting system; (x) describe how hunters exempted from needing a license may check black bear harvests; (xi) limit the prohibition on the use of hounds to hunt black bear to only the first two weeks of open deer season should deer season be lengthened to four weeks in Amherst, Bedford, or Nelson County; and (xii) define where bear hound training season is allowed instead of prohibited.

4VAC15-50-11. Open season; generally.

A. It shall be lawful to hunt bears in the following localities, including the cities and towns therein, during the following seasons:

Location

Season

Accomack County

Closed

Albemarle County

Fourth Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Alleghany County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Amelia County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Amherst County

Fourth Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Appomattox County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Arlington County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Augusta County
(North of US-250)

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Augusta County
(South of US-250)

Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Bath County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Bedford County

Fourth Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Bland County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Botetourt County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Brunswick County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Buchanan County

Monday following the last Saturday in September and for 2 two days following; and the first fourth Monday in December November through the first Saturday in January, both dates inclusive.

Buckingham County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Campbell County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Caroline County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Carroll County

First Monday in nearest December and for 19 days following 2 through the first Saturday in January, both dates inclusive.

Charles City County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Charlotte County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Chesapeake (City of)

October 1 through the first Saturday in January, both dates inclusive.

Chesterfield County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Clarke County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Craig County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Culpeper County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Cumberland County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Dickenson County

Monday following the last Saturday in September and for 2 two days following; and the first fourth Monday in December November through the first Saturday in January, both dates inclusive.

Dinwiddie County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Essex County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Fairfax County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Fauquier County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Floyd County

First Monday in nearest December and for 19 days following 2 through the first Saturday in January, both dates inclusive.

Fluvanna County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Franklin County

First Monday in nearest December and for 19 days following 2 through the first Saturday in January, both dates inclusive.

Frederick County

Fourth Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Giles County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Gloucester County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Goochland County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Grayson County

First Monday in nearest December and for 19 days following 2 through the first Saturday in January, both dates inclusive.

Greene County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Greensville County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Halifax County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Hanover County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Henrico County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Henry County

First Monday in nearest December and for 19 days following 2 through the first Saturday in January, both dates inclusive.

Highland County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Isle of Wight County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

James City County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

King and Queen County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

King George County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

King William County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Lancaster County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Lee County

Monday following the last Saturday in September and for 2 two days following; and the first fourth Monday in December November through the first Saturday in January, both dates inclusive.

Loudoun County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Louisa County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Lunenburg County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Madison County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Mathews County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Mecklenburg County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Middlesex County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Montgomery County
(southeast of I-81)

First Monday in nearest December and for 19 days following 2 through the first Saturday in January, both dates inclusive.

Montgomery County (northwest of I-81)

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Nelson County

Fourth Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

New Kent County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Northampton County

Closed

Northumberland County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Nottoway County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Orange County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Page County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Patrick County

First Monday in nearest December and for 19 days following 2 through the first Saturday in January, both dates inclusive.

Pittsylvania County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Powhatan County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Prince Edward County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Prince George County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Prince William County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Pulaski County
(southeast of I-81)

First Monday in nearest December and for 19 days following 2 through the first Saturday in January, both dates inclusive.

Pulaski County
(northwest of I-81)

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Rappahannock County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Richmond County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Roanoke County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Rockbridge County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Rockingham County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Russell County (except on the Channels State Forest and Clinch Mountain WMA)

Monday following the last Saturday in September and for 2 days following; and the first Monday in December through the first Saturday in January, both dates inclusive.

Russell County (on the Channels State Forest and Clinch Mountain WMA)

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Scott County

Monday following the last Saturday in September and for 2 two days following; and the first fourth Monday in December November through the first Saturday in January, both dates inclusive.

Shenandoah County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Smyth County

(southeast of I-81)

First Monday in nearest December and for 19 days following 2 through the first Saturday in January, both dates inclusive.

Smyth County
(northwest of I-81)

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Southampton County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Spotsylvania County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Stafford County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Suffolk (City of)

October 1 through the first Saturday in January, both dates inclusive.

Surry County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Sussex County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Tazewell County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Virginia Beach (City of)

October 1 through the first Saturday in January, both dates inclusive.

Warren County

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Washington County
(southeast of I-81)

First Monday in nearest December and for 19 days following 2 through the first Saturday in January, both dates inclusive.

Washington County
(northwest of I-81 and east of Route 19) I-81)

Monday following the last Saturday in September and for 2 two days following; and the first fourth Monday in December November through the first Saturday in January, both dates inclusive.

Washington County
(northwest of I-81 and west of Route 19)

Monday following the last Saturday in September and for 2 days following; and the first Monday in December and for 19 days following.

Westmoreland County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

Wise County

Monday following the last Saturday in September and for 2 two days following; and the first fourth Monday in December November through the first Saturday in January, both dates inclusive.

Wythe County
(southeast of I-81)

First Monday in nearest December and for 19 days following 2 through the first Saturday in January, both dates inclusive.

Wythe County
(northwest of I-81)

Monday following the last Saturday in September and for 2 two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

York County

Monday nearest December 2 and for 5 consecutive hunting 19 days following.

B. Except as provided in the subsection A of this section, bears may be hunted from the first Saturday prior to the fourth Monday in November October through the first Saturday in January, both dates inclusive, within the incorporated limits of any town or city that allows bear hunting.

4VAC15-50-12. Youth and apprentice hunter bear hunting weekend.

It shall be lawful for hunters 15 years of age and under younger and holders of a valid apprentice hunting license, when in compliance with all applicable laws and license requirements, to hunt bears on the second Saturday in October and the following calendar day when accompanied and directly supervised by an adult who has a valid Virginia hunting license on his person or is exempt from purchasing a hunting license. Adult hunters accompanying youth or apprentice bear hunters on this weekend may not carry or discharge weapons. Bear bag limit, weight limits, and all other take restrictions specifically provided in the sections appearing in this chapter apply to this youth weekend. Bear hunting with dogs is prohibited in the counties Counties of Accomack, Campbell (west of Norfolk Southern Railroad), Fairfax, Grayson (east (west of Route 16), Henry, Loudoun, Northampton, Patrick, Pittsylvania (west of Norfolk Southern Railroad), Roanoke (south of Interstate 81), Smyth (south of Interstate 81 and east west of Route 16), Washington (south of Interstate 81), and; in the city City of Lynchburg; and on Amelia, Chester F. Phelps, G. Richard Thompson, and Pettigrew Wildlife Management Areas. Tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.

4VAC15-50-71. Muzzleloading gun hunting.

A. It shall be lawful to hunt bears during the special muzzleloading season with muzzleloading guns from the Saturday prior to the second Monday in November through the Friday prior to the third Monday in November, both dates inclusive, except in the Cities of Chesapeake, Suffolk, and Virginia Beach.

B. It shall be unlawful to hunt bear with dogs during any special season for hunting with muzzleloading guns, except that tracking dogs as defined in § 29.1-516.1 of the Code of Virginia may be used.

C. A muzzleloading gun, for the purpose of this section, means a single shot weapon, .45 caliber or larger, firing a single projectile or sabot (with a .38 .35 caliber or larger projectile) of the same caliber loaded from the muzzle of the weapon and propelled by at least 50 grains of black powder (or black powder equivalent or smokeless powder).

D. It shall be unlawful to have in immediate possession any firearm other than a muzzleloading gun while hunting with a muzzleloading gun in a special muzzleloading season.

4VAC15-50-81. Validating tags and checking bear and tooth submission by licensee or permittee.

A. Any person killing a bear shall, before removing the carcass from the place of kill, validate an appropriate tag on their special license for hunting bear or special permit by completely removing the designated notch area from the tag. Place of kill shall be defined as the location where the animal is first reduced to possession. It shall be unlawful for any person to validate (notch) a bear tag from any special license for hunting bear or special permit prior to the killing of a bear. A bear tag that is mistakenly validated (notched) prior to the killing of a bear must be immediately voided by the licensee or permittee by writing, in ink, the word "VOID" on the line provided on the license tag.

B. Upon killing a bear and validating (notching) a license tag or special permit, as provided in subsection A of this section, the licensee shall, upon vehicle transport of the carcass or at the conclusion of legal hunting hours, whichever occurs first, and without unnecessary delay, present the carcass and validated (notched) license tag or special permit to an authorized bear checking station or to an appropriate representative of the department in the county or adjoining county in which the bear was killed or report the kill through the department's automated harvest reporting system. Upon presentation of the carcass and validated (notched) license tag or special permit to the bear checking station, the licensee shall surrender or allow to be removed one premolar tooth from the carcass. At such time, the person checking the carcass will be given a game check card. The successful hunter shall then immediately record the game check card number, in ink, on the line provided adjacent to the license tag that was validated (notched) in the field. The game check card must be kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, the game check card must be securely attached to the carcass At such time, the person checking or reporting the carcass will be given a black bear check card furnished by the department or a confirmation number from the automated reporting system. The successful hunter shall then immediately record the game check card number or confirmation number, in ink, on the line provided on the tag that was validated (notched) in the field. If checked at an authorized bear check station, the black bear check card must be kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, the bear check card must be securely attached to the carcass. If the kill is reported using the automated harvest reporting system, no check card is required as long as the hunter who killed the animal is in possession of the carcass. If the automated harvest reported carcass is left unattended or transferred to the possession of another individual, written documentation including the successful hunter's full name, the date the animal was killed, and the confirmation number must be created and kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, this written documentation must be securely attached to the carcass. Processed carcass parts of a bear killed legally in Virginia may be transported; however, upon request of any authorized law-enforcement officer, sufficient verbal or written information necessary to properly establish legal possession must be furnished immediately.

C. If the carcass is checked at a bear check station, upon presentation of the carcass and validated (notched) license tag or special permit to the bear checking station, the licensee shall surrender or allow to be removed one premolar tooth from the carcass. If the kill is reported through the department's automated harvest reporting system, a premolar must be removed by the hunter immediately after reporting the kill. The premolar shall be placed in an envelope furnished by the department and labeled with the hunter's full name, check confirmation number, date of kill, and the sex of the harvested bear. This envelope with premolar and accompanying information must be mailed or delivered to the department no later than 14 days after the close of the bear harvest season

C. D. It shall be unlawful for any person to destroy the identity (sex) of the sex of any bear killed unless and until the license tag or special permit is validated (notched) and checked as required by this section. Successful bear hunters are allowed to dismember the carcass to pack it out from the place of kill, after an appropriate license tag has been validated (notched) as required above in subsection A of this section, as long as they do not destroy the identity of the sex of the animal remains identifiable, and all the parts of the carcass are present when the bear is checked at an authorized bear checking station or reported through the automated harvest reporting system. Any bear found in the possession of any person without a validated (notched) license tag or documentation that the bear has been checked at an authorized bear checking station or automated harvest reporting system as required by this section shall be forfeited to the Commonwealth to be disposed of as provided by law.

4VAC15-50-91. Checking bear and tooth submission by persons exempt from license requirements or holding a license authorization number.

A. Upon killing a bear, any person (i) exempt from license requirements as prescribed in § 29.1-301 of the Code of Virginia, or (ii) issued a complimentary license as prescribed in § 29.1-339, or the holder of the Code of Virginia, (iii) holding a permanent license issued pursuant to § 29.1-301 E of the Code of Virginia, or (iv) the holder of a Virginia license authorization number issued by a telephone or electronic media agent pursuant to § 29.1-327 B of the Code of Virginia shall, upon vehicle transport of the carcass or at the conclusion of legal hunting hours, whichever occurs first, and without unnecessary delay, present the carcass to an authorized bear checking station or to any appropriate representative of the department in the county or adjoining county in which the bear was killed, or report the kill through the department's automated harvest reporting system. At such time, the person checking or reporting the carcass shall be given a black bear check card furnished by the department or a confirmation number from the automated reporting system. If checked at a bear check station, the black bear check card must be kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, the black bear check card must be securely attached to the carcass. If the kill is reported using the automated harvest reporting system, the successful hunter shall immediately create written documentation including the successful hunter's full name, the date the animal was killed, and the confirmation number. This written documentation must be kept in possession with the carcass until the carcass is processed. If the automated harvest reported carcass is transferred to the possession of another individual, the written documentation must be transferred with the carcass to the individual and kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, this written documentation must be securely attached to the carcass. Processed carcass parts of a black bear killed legally in Virginia may be transported; however, upon request of any authorized law-enforcement officer, sufficient verbal or written information necessary to properly establish legal possession must be furnished immediately.  

Upon presentation of the carcass to the B. If the bear is checked at a bear checking station, the person checking the carcass shall surrender or allow to be removed one premolar tooth from the carcass. At such time, the person checking or reporting the carcass shall be given a game check card furnished by the department. The game check card must be kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, the game check card must be securely attached to the carcass If the kill is reported through the department's automated harvest reporting system, a premolar must be removed by the hunter immediately after reporting the kill. The premolar shall be placed in an envelope furnished by the department and labeled with the hunter's full name, check confirmation number, date of kill, and the sex of the harvested bear. This envelope with premolar and accompanying information must be mailed or delivered to the department no later than 14 days after the close of the bear harvest season.

B. C. It shall be unlawful for any person to destroy the identity of the sex of any bear killed until the bear is checked as required by this section. Successful bear hunters are allowed to dismember the carcass to pack it out from the place of kill as long as they do not destroy the identity of the sex and all the parts of the carcass are present when the bear is checked at a big game an authorized bear check station or reported through the automated harvest reporting system. Any bear that has not been checked, via an authorized bear check station or the automated harvest reporting system as required by this section, found in the possession of any person exempt from the license requirements or holding a license authorization number shall be forfeited to the Commonwealth to be disposed of as provided by law.

4VAC15-50-110. Use of dogs in hunting bear.

A. It shall be unlawful to use dogs for the hunting of bear during the open season for hunting deer in the counties west of the Blue Ridge Mountains and during the first 16 days of the deer open season in the counties Counties of Amherst (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the town of Amherst continuing north on U.S. 29 to the Tye River), Bedford, and Nelson (west of Route 151); and within the boundaries of the national forests, except that tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.

B. It shall be unlawful to use dogs for the hunting of bear during the first 14 days of the open season for hunting deer in the counties Counties of Greene and Madison, except that tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.

C. It shall be unlawful to use dogs for the hunting of bear during the open season prescribed in 4VAC15-50-11 in the counties Counties of Campbell (west of Norfolk Southern Railroad), Carroll (east of the New River), Fairfax, Floyd, Franklin, Grayson (east of the New River), Henry, Loudoun, Montgomery (south of Interstate 81), Patrick, Pittsylvania (west of Norfolk Southern Railroad), Pulaski (south of Interstate 81), Roanoke (south of Interstate 81), and Wythe (southeast of the New River or that part bounded by Route 21 on the west, Interstate 81 on the north, the county line on the east, the New River on the southeast, and Cripple Creek on the south); in the city City of Lynchburg; and on Amelia, Chester F. Phelps, G. Richard Thompson, and Pettigrew Wildlife Management Areas, except that tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.

4VAC15-50-120. Bear hound training season.

A. It shall be lawful to chase black bear with dogs, without capturing or taking, from August 1 through the last Saturday in September, both dates inclusive, in all counties and cities or in the portions in which bear hunting is permitted except in the Counties of Accomack, Amelia, Appomattox, Buckingham, Campbell, Caroline, Charles City, Chesterfield, Clarke, Cumberland, Dinwiddie, Essex, Fairfax, Fauquier, Fluvanna, Frederick, Gloucester, Goochland, Grayson (west of Route 16), Halifax, Hanover, Henrico, Henry, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Loudoun, Louisa, Mathews, Middlesex, New Kent, Northampton, Northumberland, Nottoway, Orange, Patrick, Pittsylvania, Powhatan, Prince Edward, Prince George, Prince William, Richmond, Roanoke (south of Interstate 81), Smyth (that part south of Interstate 81 and west of Route 16), Southampton, Spotsylvania, Stafford, Surry, Sussex, Westmoreland, and York, Albemarle, Alleghany, Amherst, Augusta, Bath, Bedford, Bland, Botetourt, Brunswick, Buchanan, Carroll, Charlotte, Craig, Culpeper, Dickenson, Floyd, Franklin, Giles, Grayson (east of Route 16), Greene, Greensville, Highland, Lee, Lunenburg, Madison, Mecklenburg, Montgomery, Nelson, Page, Pulaski, Rappahannock, Roanoke (west of I-81), Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth (except for the part southeast of I-81 and west of State Route 16), Tazewell, Warren, Washington (northwest of I-81), Wise, and Wythe and in the cities Cities of Hampton, Newport News and Norfolk Chesapeake, Suffolk, and Virginia Beach.

B. It shall be lawful to chase black bear with dogs, without capturing or taking, from the Saturday prior to the third Monday in November and for 14 days following, both dates inclusive, in the Counties of Amelia, Appomattox, Buckingham, Brunswick, Campbell (east of the Norfolk Southern Railroad), Charles City, Charlotte, Cumberland, Essex, Gloucester, Greensville, Halifax, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Lunenburg, Mathews, Mecklenburg, Middlesex, New Kent, Northumberland, Nottoway, Pittsylvania (east of the Norfolk Southern Railroad), Prince Edward, Prince George, Richmond, Southampton, Surry, Sussex, Westmoreland, and York.

C. It shall be unlawful to have in possession a firearm, bow, crossbow, or any weapon capable of taking a black bear while participating in the bear hound training season. The meaning of "possession" for the purpose of this section shall include having a firearm, bow, crossbow, or any weapon capable of taking a black bear in or on one's person, vehicle, or conveyance.

VA.R. Doc. No. R19-5908; Filed April 9, 2019, 2:23 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation

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: 4VAC15-90. Game: Deer (amending 4VAC15-90-10, 4VAC15-90-70, 4VAC15-90-80, 4VAC15-90-89, 4VAC15-90-90, 4VAC15-90-91, 4VAC15-90-293).

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

Public Hearing Information:

May 30, 2019 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228

Public Comment Deadline: May 15, 2019.

Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dgif.virginia.gov.

Summary:

The proposed amendments (i) adjust deer bag limits within management units across the Commonwealth and (ii) clarify prohibitions on feeding cervids and transporting cervid parts in the Commonwealth.

4VAC15-90-10. Open season; generally.

A. It shall be lawful to hunt deer in the following localities, including the cities and towns therein, during the following seasons, all dates inclusive.

Locality

Season

Accomack County

Saturday prior to the third Monday in November through the first Saturday in January

Albemarle County

Saturday prior to the third Monday in November through the first Saturday in January

Alleghany County

Saturday prior to the third Monday in November and for 14 consecutive days following

Amelia County

Saturday prior to the third Monday in November through the first Saturday in January

Amherst County (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River) River, except on national forest lands)

Saturday prior to the third Monday in November and for 14 28 consecutive days following

Amherst County (national forest lands)

Saturday prior to the third Monday in November and for 14 consecutive days following

Amherst County (east of Business U.S. 29, as defined above)

Saturday prior to the third Monday in November through the first Saturday in January

Appomattox County

Saturday prior to the third Monday in November through the first Saturday in January

Arlington County

Saturday prior to the third Monday in November through the first Saturday in January

Arlington County (antlerless deer only)

First Saturday in September through the Friday prior to the first Saturday in October and the Sunday following the first Saturday in January through the last Sunday in March

Augusta County

Saturday prior to the third Monday in November and for 14 consecutive days following

Bath County

Saturday prior to the third Monday in November and for 14 consecutive days following

Bedford County (except on national forest lands)

Saturday prior to the third Monday in November and for 14 28 consecutive days following

Bedford County (national forest lands)

Saturday prior to the third Monday in November and for 14 consecutive days following

Bland County

Saturday prior to the third Monday in November and for 14 consecutive days following

Botetourt County

Saturday prior to the third Monday in November and for 14 consecutive days following

Brunswick County

Saturday prior to the third Monday in November through the first Saturday in January

Buchanan County

Saturday prior to the third Monday in November and for 14 consecutive days following

Buckingham County

Saturday prior to the third Monday in November through the first Saturday in January

Campbell County

Saturday prior to the third Monday in November through the first Saturday in January

Caroline County

Saturday prior to the third Monday in November through the first Saturday in January

Carroll County

Saturday prior to the third Monday in November and for 14 consecutive days following

Charles City County

Saturday prior to the third Monday in November through the first Saturday in January

Charlotte County

Saturday prior to the third Monday in November through the first Saturday in January

Chesapeake (City of)

October 1 through November 30

Chesterfield County

Saturday prior to the third Monday in November through the first Saturday in January

Clarke County

Saturday prior to the third Monday in November through the first Saturday in January

Craig County

Saturday prior to the third Monday in November and for 14 consecutive days following

Culpeper County (except Chester F. Phelps Wildlife Management Area)

Saturday prior to the third Monday in November through the first Saturday in January

Culpeper County (Chester F. Phelps Wildlife Management Area)

Saturday prior to the third Monday in November and for 14 consecutive days following

Cumberland County

Saturday prior to the third Monday in November through the first Saturday in January

Dickenson County

Saturday prior to the third Monday in November and for 14 consecutive days following

Dinwiddie County

Saturday prior to the third Monday in November through the first Saturday in January

Essex County

Saturday prior to the third Monday in November through the first Saturday in January

Fairfax County

Saturday prior to the third Monday in November through the first Saturday in January

Fairfax County (antlerless deer only)

First Saturday in September through the Friday prior to the first Saturday in October and the Sunday following the first Saturday in January through the last Sunday in March

Fauquier County (except Chester F. Phelps Wildlife Management Area)

Saturday prior to the third Monday in November through the first Saturday in January

Fauquier County (Chester F. Phelps Wildlife Management Area)

Saturday prior to the third Monday in November and for 14 consecutive days following

Floyd County

Saturday prior to the third Monday in November and for 28 consecutive days following

Fluvanna County

Saturday prior to the third Monday in November through the first Saturday in January

Franklin County

Saturday prior to the third Monday in November and for 28 consecutive days following

Frederick County (non-national forest lands)

Saturday prior to the third Monday in November through the first Saturday in January

Frederick County (national forest lands)

Saturday prior to the third Monday in November and for 14 consecutive days following

Giles County

Saturday prior to the third Monday in November and for 14 consecutive days following

Gloucester County

Saturday prior to the third Monday in November through the first Saturday in January

Goochland County

Saturday prior to the third Monday in November through the first Saturday in January

Grayson County

Saturday prior to the third Monday in November and for 14 consecutive days following

Greene County

Saturday prior to the third Monday in November through the first Saturday in January

Greensville County

Saturday prior to the third Monday in November through the first Saturday in January

Halifax County

Saturday prior to the third Monday in November through the first Saturday in January

Hanover County

Saturday prior to the third Monday in November through the first Saturday in January

Henrico County

Saturday prior to the third Monday in November through the first Saturday in January

Henry County

Saturday prior to the third Monday in November and for 28 consecutive days following

Highland County

Saturday prior to the third Monday in November and for 14 consecutive days following

Isle of Wight County

Saturday prior to the third Monday in November through the first Saturday in January

James City County

Saturday prior to the third Monday in November through the first Saturday in January

King and Queen County

Saturday prior to the third Monday in November through the first Saturday in January

King George County

Saturday prior to the third Monday in November through the first Saturday in January

King William County

Saturday prior to the third Monday in November through the first Saturday in January

Lancaster County

Saturday prior to the third Monday in November through the first Saturday in January

Lee County

Saturday prior to the third Monday in November and for 14 consecutive days following

Loudoun County

Saturday prior to the third Monday in November through the first Saturday in January

Loudoun County (antlerless deer only)

First Saturday in September through the Friday prior to the first Saturday in October and the Sunday following the first Saturday in January through the last Sunday in March

Louisa County

Saturday prior to the third Monday in November through the first Saturday in January

Lunenburg County

Saturday prior to the third Monday in November through the first Saturday in January

Madison County

Saturday prior to the third Monday in November through the first Saturday in January

Mathews County

Saturday prior to the third Monday in November through the first Saturday in January

Mecklenburg County

Saturday prior to the third Monday in November through the first Saturday in January

Middlesex County

Saturday prior to the third Monday in November through the first Saturday in January

Montgomery County

Saturday prior to the third Monday in November and for 14 consecutive days following

Nelson County
(west of Route 151) 151, except on national forest lands)

Saturday prior to the third Monday in November and for 14 28 consecutive days following

Nelson County (national forest lands)

Saturday prior to the third Monday in November and for 14 consecutive days following

Nelson County
(east of Route 151)

Saturday prior to the third Monday in November through the first Saturday in January

New Kent County

Saturday prior to the third Monday in November through the first Saturday in January

Northampton County

Saturday prior to the third Monday in November through the first Saturday in January

Northumberland County

Saturday prior to the third Monday in November through the first Saturday in January

Nottoway County

Saturday prior to the third Monday in November through the first Saturday in January

Orange County

Saturday prior to the third Monday in November through the first Saturday in January

Page County

Saturday prior to the third Monday in November and for 14 consecutive days following

Patrick County

Saturday prior to the third Monday in November and for 28 consecutive days following

Pittsylvania County

Saturday prior to the third Monday in November through the first Saturday in January

Powhatan County

Saturday prior to the third Monday in November through the first Saturday in January

Prince Edward County

Saturday prior to the third Monday in November through the first Saturday in January

Prince George County

Saturday prior to the third Monday in November through the first Saturday in January

Prince William County

Saturday prior to the third Monday in November through the first Saturday in January

Prince William County (antlerless deer only)

First Saturday in September through the Friday prior to the first Saturday in October and the Sunday following the first Saturday in January through the last Sunday in March

Pulaski County (except on New River Unit of the Radford Army Ammunition Plant adjacent to the Town of Dublin)

Saturday prior to the third Monday in November and for 14 consecutive days following

Pulaski County (New River Unit of the Radford Army Ammunition Plant adjacent to the Town of Dublin)

Saturday prior to the second Monday in November through the first Saturday in January

Rappahannock County

Saturday prior to the third Monday in November through the first Saturday in January

Richmond County

Saturday prior to the third Monday in November through the first Saturday in January

Roanoke County

Saturday prior to the third Monday in November and for 14 consecutive days following

Rockbridge County

Saturday prior to the third Monday in November and for 14 consecutive days following

Rockingham County

Saturday prior to the third Monday in November and for 14 consecutive days following

Russell County

Saturday prior to the third Monday in November and for 14 consecutive days following

Scott County

Saturday prior to the third Monday in November and for 14 consecutive days following

Shenandoah County

Saturday prior to the third Monday in November and for 14 consecutive days following

Smyth County

Saturday prior to the third Monday in November and for 14 consecutive days following

Southampton County

Saturday prior to the third Monday in November through the first Saturday in January

Spotsylvania County

Saturday prior to the third Monday in November through the first Saturday in January

Stafford County

Saturday prior to the third Monday in November through the first Saturday in January

Suffolk (City of)
(east of Dismal Swamp Line)

October 1 through November 30

Suffolk (City of)
(west of Dismal Swamp Line)

Saturday prior to the third Monday in November through the first Saturday in January

Surry County

Saturday prior to the third Monday in November through the first Saturday in January

Sussex County

Saturday prior to the third Monday in November through the first Saturday in January

Tazewell County

Saturday prior to the third Monday in November and for 14 consecutive days following

Virginia Beach (City of)

October 1 through November 30

Warren County

Saturday prior to the third Monday in November and for 14 consecutive days following

Washington County

Saturday prior to the third Monday in November and for 14 consecutive days following

Westmoreland County

Saturday prior to the third Monday in November through the first Saturday in January

Wise County

Saturday prior to the third Monday in November and for 14 consecutive days following

Wythe County

Saturday prior to the third Monday in November and for 14 consecutive days following

York County

Saturday prior to the third Monday in November through the first Saturday in January

B. Except as provided in subsection A of this section, east of the Blue Ridge Mountains deer may be hunted from the Saturday prior to the third Monday in November through the first Saturday in January, both dates inclusive, within the incorporated limits of any city or town that allows deer hunting.

C. Except as provided in subsection A of this section, west of the Blue Ridge Mountains deer may be hunted from the Saturday prior to the third Monday in November and for 14 consecutive days following within the incorporated limits of any city or town that allows deer hunting.

4VAC15-90-70. Archery hunting.

A. It shall be lawful to hunt deer during the early special archery season with archery equipment or a slingbow from the first Saturday in October through the Friday prior to the third Monday in November, both dates inclusive.

B. In addition to the season provided in subsection A of this section, it shall be lawful to hunt deer during the late special archery season with archery equipment or a slingbow:

1. From the Sunday following the close of the general firearms season on deer through the first Saturday in January, both dates inclusive, in (i) in all cities, towns, and counties west of the Blue Ridge Mountains (except Clarke County and on non-national forest lands in Frederick County); (ii) in the Counties (including the cities and towns within) of Amherst (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River), Bedford, Franklin, Henry, Nelson (west of Route 151), and Patrick; (iii) on the Chester F. Phelps Wildlife Management Area; and (iv) on national forest lands in Frederick County.

2. From December 1 through the first Saturday in January, both dates inclusive, in the Cities of Chesapeake, Suffolk (east of the Dismal Swamp Line), and Virginia Beach.

C. Deer of either sex may be taken full season during the special archery seasons as provided in subsections A and B of this section (except on PALS (Public Access Lands) in Dickenson County where it shall be unlawful to take antlerless deer during the special archery seasons provided for in subsections A and B of this section).

D. It shall be unlawful to carry firearms while hunting with archery equipment during the special archery seasons, except that a muzzleloading gun, as defined in 4VAC15-90-80, may be in the possession of a properly licensed muzzleloading gun hunter when and where a special archery deer season overlaps a special muzzleloading deer season.

E. It shall be unlawful to use dogs when hunting with archery equipment during any special archery season, except that tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.

F. It shall be lawful to hunt antlerless deer during the special urban archery season with archery equipment or a slingbow from the first Saturday in September through the Friday prior to the first Saturday in October, both dates inclusive, and from the Sunday following the first Saturday in January through the last Sunday in March, both dates inclusive, within the incorporated limits of any city or town in the Commonwealth (except on national forest and department-owned lands) and counties with a human population density of 300 persons per square mile or more (except on national forest and department-owned lands), provided that its governing body submits by certified letter to the department prior to April 1, its intent to participate in the special urban archery season. Any city, town, or county no longer participating in this season shall submit by certified letter to the department prior to April 1 notice of its intent not to participate in the special urban archery season. When consistent with the department's deer management objectives and subject to the director's approval, a participating county may exclude from this season a geographic area or areas by submitting a clear description of such area or areas in a certified letter to the department prior to April 1.

G. It shall be lawful to hunt antlerless deer during the special urban archery season with archery equipment or a slingbow during dates specified in subsection F of this section within the boundaries of any common interest community as defined in § 55-528 of the Code of Virginia provided that (i) the association submits by certified letter to the department prior to July 1, the association's request to participate in the special urban archery season and (ii) the department approves such request.

1. The special urban archery season will in no way supersede any local ordinance, any restriction in the association's governing documents, or the requirement to obtain a landowner's permission to hunt.

2. An association no longer participating in the special urban archery season shall submit notice of the association's intent not to participate in the special urban archery season. The association shall submit the certified letter to the department prior to July 1.

3. At its discretion, the department may suspend or revoke the special urban archery season in any association upon written notice to the association.

For the purposes of this subsection, "association" means the governing board or the authorized agent of the governing board of an association of property owners, condominium unit owners, or proprietary lessees.

G. H. It shall be lawful to hunt antlerless deer during the special antlerless archery season with archery equipment or a slingbow from the Monday following the last Sunday in March through the last Sunday in April, both dates inclusive, in the Counties of Arlington, Fairfax, Loudoun, and Prince William (including the cities and towns within).

4VAC15-90-80. Muzzleloading gun hunting.

A. It shall be lawful to hunt deer during the early special muzzleloading season with muzzleloading guns from the Saturday prior to the first Monday in November through the Friday prior to the third Monday in November, both dates inclusive, in all cities, towns, and counties where deer hunting with a rifle or muzzleloading gun is permitted, except in the cities Cities of Chesapeake, Suffolk (east of the Dismal Swamp Line), and Virginia Beach.

B. It shall be lawful to hunt deer during the late special muzzleloading season with muzzleloading guns starting 21 consecutive days immediately prior to and on the first Saturday in January:

1. In all cities, towns, and counties west of the Blue Ridge Mountains (except Clarke County and on non-national forest lands in Frederick County);

2. East of the Blue Ridge Mountains in the Counties (including the cities and towns within) of Amherst (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River), Bedford, Franklin, Henry, Nelson (west of Route 151), and Patrick;

3. On national forest lands in Frederick County; and

4. In the Cities of Chesapeake, Suffolk (east of the Dismal Swamp Line), and Virginia Beach.

C. Deer of either sex may be taken during the entire early special muzzleloading season east of the Blue Ridge Mountains unless otherwise noted in this subsection:

1. Deer of either sex may be taken on the second Saturday only of the early special muzzleloading season on state forest lands, state park lands (except Occoneechee State Park), department-owned lands (except on Featherfin and Merrimac Farm Wildlife Management Area) Areas), and Philpott Reservoir.

2. Antlered bucks only—no either-sex deer hunting days during the early special muzzleloading season on national forest lands in Amherst, Bedford, and Nelson Counties.

D. Deer of either sex may be taken on the second Saturday only during the early special muzzleloading season west of the Blue Ridge Mountains unless otherwise noted in this subsection:.

1. Deer of either sex may be taken during the entire early special muzzleloading season in Clarke and Floyd Counties and on private lands in Botetourt, Carroll, Frederick, Grayson, Montgomery, Pulaski, Roanoke, Rockingham (east of Routes 613 and 731), Scott, Shenandoah, and Warren, and Wythe Counties.

2. Deer of either sex may be taken on the second Saturday and the last five days of the early muzzleloading season on private lands in Botetourt County.

3. 2. Antlered bucks only—no either-sex deer hunting days during the early special muzzleloading season in Buchanan, Dickenson, Lee, Russell, Tazewell, and Wise Counties and on national forest lands in Alleghany, Bland, Craig, Frederick, Giles, Grayson, Montgomery, Page, Pulaski, Rockingham, Scott, Shenandoah, and Warren Counties, and on national forest and department-owned lands in Augusta, Bath, Botetourt, Carroll, Highland (except Highland Wildlife Management Area), Roanoke, Rockbridge, Smyth, Washington, and Wythe Counties and on Channels State Forest, Grayson Highlands State Park, Hungry Mother State Park, and on private lands west of Routes 613 and 731 in Rockingham County.

E. Deer of either sex may be taken during the last six days of the late special muzzleloading season unless otherwise listed in this subsection:

1. Deer of either sex may be taken full season during the entire late special muzzleloading season in the Counties (including the cities and towns within) of Amherst (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River, except on national forest lands), Bedford (except on national forest lands), Floyd, Franklin, Henry, Nelson (west of Route 151, except on national forest lands), and Patrick and on private lands in Botetourt, Carroll, Grayson, Montgomery, Pulaski, Roanoke, Rockingham (east of Routes 613 and 731), Shenandoah, and Warren, and Wythe Counties.

2. Deer of either sex may be taken the last day only during the late special muzzleloading season in Alleghany, Bath, Dickenson, Highland, Lee, Russell, Tazewell, and Wise Counties and on national forest lands in Amherst, Bedford, Bland, Craig, Frederick, Giles, Grayson, Montgomery, Nelson, Page, Pulaski, Rockingham, Scott, Shenandoah, and Warren Counties, and on national forest and department-owned lands in Augusta, Botetourt, Carroll, Roanoke, Rockbridge, Smyth, Washington, and Wythe Counties and on private lands west of Routes 613 and 731 in Rockingham County, Channels State Forest, and Grayson Highlands State Park, and Hungry Mother State Park.

3. Antlered bucks only—no either-sex deer hunting days during the late special muzzleloading season in Buchanan County.

F. Deer of either sex may be taken full season during the special muzzleloading seasons within the incorporated limits of any city or town in the Commonwealth that allows deer hunting except in the Cities of Chesapeake, Suffolk, and Virginia Beach.

G. It shall be unlawful to hunt deer with dogs during any special season for hunting with muzzleloading guns, except that tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.

H. A muzzleloading gun, for the purpose of this section, means a single shot weapon, .45 caliber or larger, firing a single projectile or sabot (with a .35 caliber or larger projectile) of the same caliber loaded from the muzzle of the weapon and propelled by at least 50 grains of black powder (or black powder equivalent or smokeless powder).

I. It shall be unlawful to have in immediate possession any firearm other than a muzzleloading gun while hunting with a muzzleloading gun in a special muzzleloading season.

4VAC15-90-89. Earn a buck (EAB).

For the purposes of this section, the term "license year" defines the period between July 1 and June 30 of the following year.

Albemarle County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Albemarle County prior to taking at least one antlerless deer on private lands in Albemarle County, and it shall be unlawful to take a third antlered deer on private lands in Albemarle County prior to taking at least two antlerless deer on private lands in Albemarle County.

Arlington County. During a license year, it shall be unlawful to take a second antlered deer in Arlington County prior to taking at least two antlerless deer in Arlington County, and it shall be unlawful to take a third antlered deer in Arlington County prior to taking at least three antlerless deer in Arlington County.

Bedford County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Bedford County prior to taking at least one antlerless deer on private lands in Bedford County, and it shall be unlawful to take a third antlered deer on private lands in Bedford County prior to taking at least two antlerless deer on private lands in Bedford County.

Clarke County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Clarke County prior to taking at least one two antlerless deer on private lands in Clarke County.

Culpeper County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Culpeper County prior to taking at least one antlerless deer on private lands in Culpeper County, and it shall be unlawful to take a third antlered deer on private lands in Culpeper County prior to taking at least two antlerless deer on private lands in Culpeper County.

Fairfax County. During a license year, it shall be unlawful to take a second antlered deer in Fairfax County prior to taking at least two antlerless deer in Fairfax County, and it shall be unlawful to take a third antlered deer in Fairfax County prior to taking at least three antlerless deer in Fairfax County.

Fauquier County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Fauquier County prior to taking at least one antlerless deer on private lands in Fauquier County, and it shall be unlawful to take a third antlered deer on private lands in Fauquier County prior to taking at least two antlerless deer on private lands in Fauquier County.

Floyd County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Floyd County prior to taking at least one antlerless deer on private lands in Floyd County.

Franklin County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Franklin County prior to taking at least one antlerless deer on private lands in Franklin County, and it shall be unlawful to take a third antlered deer on private lands in Franklin County prior to taking at least two antlerless deer on private lands in Franklin County.

Frederick County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Frederick County prior to taking at least one two antlerless deer on private lands in Frederick County.

Grayson County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Grayson County prior to taking at least one antlerless deer on private lands in Grayson County.

Hanover County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Hanover County prior to taking at least one antlerless deer on private lands in Hanover County, and it shall be unlawful to take a third antlered deer on private lands in Hanover County prior to taking at least two antlerless deer on private lands in Hanover County.

Henrico County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Henrico County prior to taking at least one antlerless deer on private lands in Henrico County, and it shall be unlawful to take a third antlered deer on private lands in Henrico County prior to taking at least two antlerless deer on private lands in Henrico County.

James City County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in James City County prior to taking at least one antlerless deer on private lands in James City County, and it shall be unlawful to take a third antlered deer on private lands in James City County prior to taking at least two antlerless deer on private lands in James City County.

Loudoun County. During a license year, it shall be unlawful to take a second antlered deer in Loudoun County prior to taking at least two antlerless deer in Loudoun County, and it shall be unlawful to take a third antlered deer in Loudoun County prior to taking at least three antlerless deer in Loudoun County.

Montgomery County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Montgomery County prior to taking at least one antlerless deer on private lands in Montgomery County.

Prince George County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Prince George County prior to taking at least one antlerless deer on private lands in Prince George County, and it shall be unlawful to take a third antlered deer on private lands in Prince George County prior to taking at least two antlerless deer on private lands in Prince George County.

Prince William County except on Department of Defense lands. During a license year, it shall be unlawful to take a second antlered deer in Prince William County (except on Department of Defense lands) prior to taking at least two antlerless deer in Prince William County (except on Department of Defense lands), and it shall be unlawful to take a third antlered deer in Prince William County (except on Department of Defense lands) prior to taking at least three antlerless deer in Prince William County (except on Department of Defense lands).

Pulaski County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Pulaski County prior to taking at least one antlerless deer on private lands in Pulaski County.

Rappahannock County. During a license year, it shall be unlawful to take a second antlered deer in Rappahannock County prior to taking at least one antlerless deer in Rappahannock County, and it shall be unlawful to take a third antlered deer in Rappahannock County prior to taking at least two antlerless deer in Rappahannock County.

Roanoke County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Roanoke County prior to taking at least one antlerless deer on private lands in Roanoke County.

Shenandoah County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Shenandoah County prior to taking at least one antlerless deer on private lands in Shenandoah County.

Warren County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in Warren County prior to taking at least one two antlerless deer on private lands in Warren County.

York County on private lands. During a license year, it shall be unlawful to take a second antlered deer on private lands in York County prior to taking at least one antlerless deer on private lands in York County, and it shall be unlawful to take a third antlered deer on private lands in York County prior to taking at least two antlerless deer on private lands in York County.

Cities and towns. During a license year in any town or city (except Chesapeake, Suffolk, and Virginia Beach) east of the Blue Ridge Mountains, it shall be unlawful to take a second antlered deer prior to taking at least one antlerless deer in that town or city, and it shall be unlawful to take a third antlered deer prior to taking at least two antlerless deer in that town or city. During a license year in any town or city west of the Blue Ridge Mountains, it shall be unlawful to take a second antlered deer prior to taking at least one antlerless deer in that town or city.

4VAC15-90-90. Bag limit, bonus deer permits and special antlerless provision for youth hunters.

A. The bag limit for deer east of the Blue Ridge Mountains (except on national forest lands in Amherst, Bedford, and Nelson Counties) is two per day, six per license year, three of which must be antlerless unless otherwise noted in this subsection.

1. The daily bag limit for deer is unlimited in the Counties (including the cities and towns within) of Arlington, Fairfax, Loudoun, and Prince William.

2. Only one deer per day may be taken on national forest lands in Amherst, Bedford, and Nelson Counties.

3. Only one elk per day may be taken east of the Blue Ridge Mountains.

B. The bag limit for deer west of the Blue Ridge Mountains and on national forest lands in Amherst, Bedford, and Nelson Counties is one two per day, five per license year, three of which must be antlerless unless otherwise noted in this subsection.

1. The daily bag limit for deer is two per day on private lands in the Counties (including the cities and towns within) of Clarke, Frederick, Roanoke, Shenandoah, and Warren Only one deer per day may be taken on national forest, department-owned, and department-managed lands west of the Blue Ridge Mountains.

2. If a deer hunter kills two antlered bucks in a license year in Alleghany, Augusta, Bath, Highland, or Rockbridge, Rockingham, or Shenandoah County, at least one of the antlered bucks must have at least four antler points, one inch or longer, on one side of the antlers. This subdivision shall not apply to any county designated by the department within 25 miles of a confirmed detection of Chronic Wasting Disease.

3. Only one elk per day may be taken west of the Blue Ridge Mountains.

C. Except as noted in subsection E of this section, antlerless deer may be taken only during designated either-sex deer hunting days during the special archery seasons, special muzzleloading seasons, and the general firearms season.

D. Bonus deer permits shall be valid on private land in counties and cities where deer hunting is permitted (except Buchanan, Dickenson, and Wise Counties) during the special archery seasons, special muzzleloading seasons, and the general firearms season. Bonus deer permits shall be valid on public lands, including state parks, state forests, national wildlife refuges, military areas, etc., as authorized by the managing agency. Unless otherwise posted or authorized in writing for wildlife management areas by the department, or for national forest lands by the U.S. Forest Service, the use of bonus permits is prohibited on department-owned and national forest lands. 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.

E. Deer hunters 15 years of age and under younger, including those exempt from purchasing a hunting license and holders of an apprentice hunting license, when in compliance with all applicable laws and license requirements, may take one antlerless deer per license year on days other than designated either-sex deer hunting days during the special muzzleloading seasons or the general firearms season in all counties that have at least one either-sex deer hunting day during the general firearms deer season.

4VAC15-90-91. General firearms season either-sex deer hunting days.

A. During the general firearms deer season, deer of either sex may be taken within:

Accomack County: full season.

Albemarle County: full season.

Alleghany County: the second Saturday and the last day.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Amelia County: the second and third Saturdays and the last 13 days.

-Amelia WMA: the second and third Saturdays and the last six days.

Amherst County (east of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River): the second and third Saturdays and the last 29 days.

Amherst County (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River): full season.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Appomattox County: the second and third Saturdays and the last six days.

-Appomattox-Buckingham State Forest: the second and third Saturdays.

-Featherfin WMA: the second and third Saturdays and the last 29 days full season.

Arlington County: full season.

Augusta County: the second Saturday and the last six days full season.

-National forest and department-owned lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Bath County: the second Saturday and the last day.

-National forest and department-owned lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Bedford County: full season.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Bland County: the second Saturday and the last day.

-National forest lands: the second Saturday and the last day.

Botetourt County: full season.

-National forest and department-owned lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Brunswick County: the second and third Saturdays and the last six days.

Buchanan County: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Buckingham County: the second and third Saturdays and the last six days.

-Horsepen Lake WMA: the second and third Saturdays and the last six days.

-Appomattox-Buckingham State Forest: the second and third Saturdays.

-Featherfin WMA: the second and third Saturdays and the last 29 days full season.

Campbell County (east of Norfolk Southern Railroad): the second and third Saturdays and the last 29 days.
Campbell County (west of Norfolk Southern Railroad): full season.

Caroline County: the second and third Saturdays and the last six days.

-Mattaponi WMA: the second and third Saturdays and the last six days.

Carroll County: full season.

-National forest and department-owned lands: the second Saturday and the last day.

Charles City County: the second and third Saturdays and the last 13 29 days.

-Chickahominy WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Charlotte County: the second and third Saturdays and the last six days.

Chesapeake (City of): the second and third Saturdays and the last 13 days.

Chesterfield County: the second and third Saturdays and the last six days.

Clarke County: full season.

Craig County: full season.

-National forest and department-owned lands: the second Saturday and the last day.

Culpeper County: full season.

-Chester F. Phelps WMA: the second Saturday and the last day.

Cumberland County: the second and third Saturdays and the last 13 days.

-Cumberland State Forest: the second and third Saturdays.

Dickenson County: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Dinwiddie County: the second and third Saturdays and the last six days.

Essex County: the second and third Saturdays and the last six days.

Fairfax County: full season.

Fauquier County: full season.

-G. Richard Thompson WMA: the second Saturday and the last day.

-Chester F. Phelps WMA: the second Saturday and the last day.

Floyd County: full season.

Fluvanna County: second and third Saturdays and the last 13 days.

Franklin County: full season.

-Philpott Reservoir: the second Saturday and the last six days.

-Turkeycock Mountain WMA: the second Saturday and the last six days.

Frederick County: full season.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Giles County: full season.

-National forest lands: the second Saturday and the last day.

Gloucester County: the second and third Saturdays and the last six days.

Goochland County: the second and third Saturdays and the last 29 days.

Grayson County: full season.

-National forest lands and Grayson Highlands State Park: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Greene County: full season.

Greensville County: the second and third Saturdays and the last six days.

Halifax County: the second and third Saturdays and the last 13 days.

Hanover County: full season.

Henrico County: full season.

Henry County: the second and third Saturdays and the last 13 days.

-Fairystone Farms WMA, Fairystone State Park, and Philpott Reservoir: the second Saturday and the last six days.

-Turkeycock Mountain WMA: the second Saturday and the last six days.

Highland County: the second Saturday and the last day.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

-Department-owned lands: the second Saturday and the last day.

Isle of Wight County: full season.

-Ragged Island WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

James City County: full season.

King and Queen County: the second and third Saturdays and the last six days.

King George County: the second and third Saturdays and the last 13 days.

King William County: the second and third Saturdays and the last six days.

Lancaster County: the second and third Saturdays and the last 13 days.

Lee County: the second Saturday and the last two days.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Loudoun County: full season.

Louisa County: the second and third Saturdays and the last 29 days.

Lunenburg County: the second and third Saturdays and the last six days.

Madison County: full season.

-Rapidan WMA: the second and third Saturdays and the last 29 days.

Mathews County: the second and third Saturdays and the last six days.

Mecklenburg County: the second and third Saturdays and the last six days.

-Dick Cross WMA: the second and third Saturdays and the last six days.

Middlesex County: the second and third Saturdays and the last six days.

Montgomery County: full season.

-National forest lands: the second Saturday and the last day.

 

Nelson County (east of Route 151): the second and third Saturdays and the last 29 days.

-James River WMA: the second Saturday and the last six days.

Nelson County (west of Route 151): full season.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

New Kent County: the second and third Saturdays and the last 13 29 days.

Northampton County: full season.

Northumberland County: the second and third Saturdays and the last 13 days.

Nottoway County: the second and third Saturdays and the last six days.

Orange County: full season.

Page County: the second Saturday and the last two six days.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Patrick County: the second and third Saturdays and the last 13 days.

-Fairystone Farms WMA, Fairystone State Park, and Philpott Reservoir: the second Saturday and the last six days.

Pittsylvania County (east of Norfolk Southern Railroad): the second and third Saturdays and the last 29 days.

-White Oak Mountain WMA: the second Saturday and the last day.

Pittsylvania County (west of Norfolk Southern Railroad): full season.

Powhatan County: the second and third Saturdays and the last 13 29 days.

-Powhatan WMA: the second and third Saturdays and the last 13 days.

Prince Edward County: the second and third Saturdays and the last six days.

-Briery Creek WMA: the second and third Saturdays and the last six days.

-Featherfin WMA: the second and third Saturdays and the last 29 days full season.

-Prince Edward State Forest: the second and third Saturdays.

Prince George County: full season.

Prince William County: full season.

Pulaski County: full season.

-National forest lands: the second Saturday and the last day.

Rappahannock County: full season.

Richmond County: the second and third Saturdays and the last 13 days.

Roanoke County: full season.

-National forest and department-owned lands: antlered bucks only-no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Rockbridge County: the second Saturday and the last two days.

-National forest and department-owned lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Rockingham County: full season.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

-Private lands west of Routes 613 and 731: the last day.

Russell County: the second Saturday and the last two days.

Clinch Mountain WMA, Hidden Valley WMA, 
-Department-owned lands and the Channels State Forest: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Scott County: the second Saturday and the last six days.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Shenandoah County: full season.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Smyth County: the second Saturday and the last six days full season.

-National forest lands, Clinch Mountain WMA, department-owned lands, and Hungry Mother State Park: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Southampton County: full season.

Spotsylvania County: the second and third Saturdays and the last 29 days.

Stafford County: full season.

Suffolk (east of the Dismal Swamp Line): the second and third Saturdays and the last 13 days.

Suffolk (west of the Dismal Swamp Line): full season.

Surry County: full season.

-Carlisle and Stewart Tracts of the Hog Island WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Sussex County: full season.

- Big Woods WMA (including the Parkers Branch Tract) and Big Woods State Forest: the second and third Saturdays and the last six days.

Tazewell County: the second Saturday and the last two days.

-National forest and department-owned lands and Clinch Mountain WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Virginia Beach (City of): the second and third Saturdays and the last 13 days.

Warren County: full season.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Washington County: the second Saturday and the last six days.

-National forest lands, department-owned lands, Clinch Mountain WMA, Hidden Valley WMA, and the Channels State Forest: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken the last day.

Westmoreland County: the second and third Saturdays and the last 13 days.

Wise County: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Wythe County: full season.

-National forest and department-owned lands and Big Survey WMA: the second Saturday and the last day.

York County: full season.

B. Except as provided in the subsection A of this section, deer of either sex may be taken full season during the general firearms deer season within the incorporated limits of any city or town, state park, national wildlife refuge, or military installation that allows deer hunting or within any common interest community participating in the special urban archery season according to provisions of 4VAC15-90-70.

4VAC15-90-293. Unauthorized cervid parts, excretions, and carcass importation, movement, possession, and use.

A. For the purposes of this section and The following words or terms, when used in 4VAC15-40-285, this section, and 4VAC15-90-294, shall have the following meanings unless the context clearly indicates otherwise:

"Cervid" means any member of the deer family Cervidae, including but not limited to white-tailed deer, fallow deer, sika deer, elk, and reindeer.

"Import" means to transport a carcass or carcass parts, other than those outlined in subsection B of this section, into the Commonwealth in such a manner that the carcass or carcass parts are removed from their place of storage within a vehicle or other conveyance and placed or deposited within the Commonwealth. Deer harvested on properties that span the Commonwealth's boundary with an adjoining state shall not be considered imported.

B. No person shall import or possess any carcass or part of a carcass of any member of the family Cervidae (deer) originating from an enclosure intended to confine deer or elk or from any area designated by the department as a carcass-restriction zone outside of the Commonwealth, except that the following carcass parts may be imported and possessed:

1. Boned-out meat that is cut and wrapped;

2. Quarters or other portions of meat with no part of the spinal column or skull attached;

3. Hides or capes with no skull attached;

4. Clean (no meat or tissue attached) skulls or skull plates with or without antlers attached;

5. Antlers (with no meat or tissue attached);

6. Upper canine teeth (buglers, whistlers, or ivories); and

7. Finished taxidermy products.

A legible label shall be affixed to packages or containers containing the allowed carcass parts bearing the following information: the species of animal, the state or province from where the animal originated, and the name and address of the person who either killed or owned the animal possesses the allowed parts in the Commonwealth.

C. Any person who imports into Virginia any deer carcass or parts described in subsection A of this section and is notified that the animal has tested positive for Chronic Wasting Disease must report the test results to the department within 72 hours of receiving the notification. In order to facilitate the proper disposal of any infected material, the department may take into possession any imported carcass or carcass part of an animal if the animal has tested positive for Chronic Wasting Disease.

D. No person shall transport any carcass or part of a carcass of any cervid out of any area designated by the department as a disease containment management area, except that the carcass parts enumerated in subsection B of this section may be transported, and carcasses or parts may be transported directly to locations designated by the department, provided that such carcasses or parts are transported without unnecessary delay and secured within a vehicle or vehicles during transit. Provisions of this section shall not apply to employees of the department or another government agency, or their designees, working in an official disease investigation or management capacity.

E.  No person shall for the purposes of taking or attempting to take, attracting, or scouting any wild animal in Virginia possess or use any substance or material that contains or purports to contain any excretion collected from a cervid, including feces, urine, blood, gland oil, or other bodily fluid.

VA.R. Doc. No. R19-5900; Filed April 9, 2019, 10:29 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation

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: 4VAC15-240. Game: Turkey (amending 4VAC15-240-10, 4VAC15-240-20, 4VAC15-240-31, 4VAC15-240-51; adding 4VAC15-240-32).

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

Public Hearing Information:

May 30, 2019 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228

Public Comment Deadline: May 15, 2019.

Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dgif.virginia.gov.

Summary:

The proposed amendments adjust wild turkey seasons across all management units in the Commonwealth.

4VAC15-240-10. Open season; generally.

Except as otherwise specifically provided in the sections appearing in this chapter, it shall be lawful to hunt turkeys from 14 days immediately before the Saturday prior to the last first Monday in October and for 13 days following November; on Thanksgiving Day and the day before; on the Monday nearest December 2 through the last Saturday in December, both dates inclusive; and on the second Saturday in January and for 14 days following.

4VAC15-240-20. Open season; certain counties and areas; Saturday prior to the last Monday in October and for 13 days following, and on Thanksgiving Day two-week season.

It shall be lawful to hunt turkeys on 14 days immediately before the Saturday prior to the last first Monday in October November and for 13 days following, and on Thanksgiving Day in the counties Counties of Albemarle, Alleghany, Augusta, Bath, Greene, Highland, Madison, Page, Orange, and Rockingham, and Warren.

4VAC15-240-31. Open season; certain counties and areas; Saturday prior to the last Monday in October and for 13 days following, on Thanksgiving Day, and on the Monday closest to December 2 and for 12 days following four-week season.

It shall be lawful to hunt turkeys on 14 days immediately before the Saturday prior to the last first Monday in October and for 13 days following November, on Thanksgiving Day and the day before, and on the Monday closest to December 2 and for 12 days following in the counties Counties of Accomack, Buchanan, Amelia, Charles City, Dinwiddie, Gloucester, Greensville, Isle of Wight, James City, King George, Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland, Powhatan, Prince George, Richmond, Southampton, Surry, Sussex, Westmoreland, and York (except on Camp Peary), and the City of Suffolk.

4VAC15-240-32. Game: Turkey: open season; certain counties and areas; six-week season.

It shall be lawful to hunt turkeys 14 days immediately before the Saturday prior to the first Monday in November; on Thanksgiving Day and the day before; on the Monday nearest December 2 and for 12 days following, both dates inclusive; and on the second Saturday in January and for 14 days following in the Counties of Amherst, Appomattox, Brunswick, Buchanan, Buckingham, Campbell, Charlotte, Chesterfield, Cumberland, Floyd, Fluvanna, Frederick, Goochland, Halifax, Hanover, Henrico, Henry, Louisa, Lunenburg, Mecklenburg, Nottoway, Patrick, Pittsylvania, Prince Edward, Shenandoah, Spotsylvania, Tazewell, and Warren.

4VAC15-240-51. Youth and apprentice hunter fall turkey hunting weekend.

In counties, cities, and areas with a fall turkey season, hunters 15 years of age and under younger and holders of an apprentice hunting license may hunt turkey on the third second Saturday in October and the following calendar day when in compliance with applicable license requirements and when accompanied and directly supervised by an adult who has a valid Virginia hunting license on his person or is exempt from purchasing a hunting license. Adult hunters accompanying youth hunters or apprentice license holders on these days may assist with calling turkey but they shall not carry or discharge weapons. Youth and apprentice turkey hunters are limited on this weekend to one turkey per hunter.

VA.R. Doc. No. R19-5915; Filed April 9, 2019, 2:30 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation

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: 4VAC15-260. Game: Waterfowl and Waterfowl Blinds (adding 4VAC15-260-85; repealing 4VAC15-260-60, 4VAC15-260-70).

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

Public Hearing Information:

May 30, 2019 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228

Public Comment Deadline: May 15, 2019.

Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dgif.virginia.gov.

Summary:

The proposed amendment prohibits non-riparian stationary waterfowl blinds adjacent to state wildlife management areas or department-managed properties, making the specific prohibitions in 4VAC15-260-60 and 4VAC15-260-70 unnecessary, therefore those sections are repealed.

4VAC15-260-60. Blinds adjacent to Chickahominy Wildlife Management Area. (Repealed.)

No license shall be issued for stationary waterfowl blinds on Morris Creek and the Chickahominy River in Charles City County adjacent to the Chickahominy Wildlife Management Area.

4VAC15-260-70. Blinds on Game Farm Marsh Wildlife Management Area. (Repealed.)

No stationary waterfowl blinds shall be licensed, and no stationary or floating blind license shall be required for hunting waterfowl on the Game Farm Marsh Wildlife Management Area, or in, or on, the public waters of the Chickahominy River, north of the New Kent-Charles City County line adjacent thereto; provided, however, 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.

4VAC15-260-85. Non-riparian blinds adjacent to department-managed properties.

Non-riparian stationary waterfowl blinds shall not be licensed or erected on the public waters adjacent to state wildlife management areas or department-managed properties, unless otherwise specified in statute or regulation, and waterfowl hunting within these areas will be permitted only at locations and during times designated by the department. However, non-riparian blinds that were properly licensed and erected adjacent to properties the department owned or managed on June 30, 2019, are exempt from this section, until such time that those licenses expire. 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.

VA.R. Doc. No. R19-5922; Filed April 9, 2019, 3:03 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation

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: 4VAC15-290. Game: Permits (amending 4VAC15-290-60).

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

Public Hearing Information:

May 30, 2019 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228

Public Comment Deadline: May 15, 2019.

Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dgif.virginia.gov.

Summary:

The proposed amendment updates the department's Richmond office mailing address.

4VAC15-290-60. Holding wild animals for exhibition purposes.

A. Where an exhibit is educational and purposeful in nature, wild animals may be exhibited with a permit provided for in § 29.1-417 of the Code of Virginia, under such restrictions and conditions as the board may prescribe.

B. Elementary or secondary school teachers may possess and display wildlife for educational purposes without a permit to exhibit wildlife, provided that:

1. Notification of the display is made to the department by mail to Permits Section, VDGIF, P.O. Box 11104, Richmond 3337, Henrico, VA 23230-1104 23228-3337. This notification shall be made within 48 hours of the beginning of the display, shall be updated any time that additional wildlife is added to the display, and shall include:

a. Number and species of wildlife held for display;

b. Physical address of the location of the display; and

c. Duration for which the display is intended to be maintained.

2. Species allowed to be possessed and displayed pursuant to this subsection shall be limited to those species included in the List of Native and Naturalized Fauna of Virginia, which is incorporated by reference in 4VAC15-20. In addition, in no case shall the following species be possessed and displayed without a permit to exhibit wildlife:

a. Those species included on the list contained in 4VAC15-30-40, whether of native or exotic origin.

b. Fur-bearing animals as defined in § 29.1-100 of the Code of Virginia.

c. Those species defined as nonnative or exotic animals pursuant to 4VAC15-20-50.

d. Migratory birds protected by the federal Migratory Bird Treaty Act (16 USC §§ 703-711).

e. Federal and state threatened and endangered species pursuant to 4VAC15-20-130.

f. Nuisance species designated by § 29.1-100 of the Code of Virginia or 4VAC15-20-160, or nonindigenous aquatic nuisance species designated by § 29.1-571 of the Code of Virginia or 4VAC15-20-210.

g. Predatory or undesirable animals or birds for which a permit is required by 4VAC15-30-20.

3. Any person bitten by mammalian wildlife must report the injury to the local health department. The offending animal must be segregated and housed separately from other animals and humans until the health department is notified.

4. Wildlife must be confined under sanitary and humane conditions that are appropriate for the species in captivity. All cages and enclosures shall be locked at all times when wildlife is not under the immediate control or direct supervision of the handler to prevent wildlife escape and unauthorized contact with individuals.

5. No wildlife held, possessed, or displayed may be released for any purpose without the written authorization of the department.

6. The department shall be notified within 24 hours of an instance of wildlife sickness or disease or in the event of an escape.

7. Teachers possessing and displaying wildlife for educational purposes in accordance with this section shall comply with all other local, state, and federal laws and regulations pertaining to species possessed and displayed.

VA.R. Doc. No. R19-5934; Filed April 9, 2019, 3:32 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 29.1-701 E of the Code of Virginia, which provides that the board shall promulgate regulations to supplement Chapter 7 (§ 29.1-700 et seq.) of Title 29.1 of the Code of Virginia as prescribed in Article 1 (§ 29.1-500 et seq.) of Chapter 5 of Title 29.1 of the Code of Virginia.

Title of Regulation: 4VAC15-400. Watercraft: Accident and Casualty Reporting (amending 4VAC15-400-20).

Statutory Authority: §§ 29.1-701 and 29.1-735 of the Code of Virginia.

Public Hearing Information:

May 30, 2019 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228

Public Comment Deadline: May 15, 2019.

Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dgif.virginia.gov.

Summary:

The proposed amendment removes the reference to the department's Richmond location, which is no longer accurate, and updates the regulation with the headquarters reference.

4VAC15-400-20. Immediate notification of reportable accident.

When an accident occurs that requires a written report in accordance with 4VAC15-400-30, the operator shall, without delay, by the quickest means available, notify the department in Richmond, Virginia headquarters, or the most immediately available member of the department, of:

1. The date, time, and exact location of the occurrence;

2. The major details of the accident including the name of each person who died or disappeared;

3. The number and name of the vessel; and

4. The names and addresses of the owner and operator.

When the operator of a vessel cannot give the notice required by the foregoing, each person, on board the vessel shall notify the department or a member of its law-enforcement force, or determine that the notice has been given.

VA.R. Doc. No. R19-5935; Filed April 9, 2019, 4:03 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF LONG-TERM CARE ADMINISTRATORS
Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC95-20. Regulations Governing the Practice of Nursing Home Administrators.

18VAC95-30. Regulations Governing the Practice of Assisted Living Facility Administrators.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4546, or email corie.wolf@dhp.virginia.gov.

FORMS (18VAC95-20)

Nursing Home Administrator Application General Information (rev. 9/08).

Nursing Home Administrator Application for Initial Licensure (rev. 3/10).

License Verification Form (rev. 3/10).

Nursing Home Administrator-in-Training Application (rev. 3/10).

Nursing Home Administrator-in-Training – Notice of Change of Status or Discontinuance (rev. 3/10).

Nursing Home Administrator Preceptor Application (rev. 3/10).

Nursing Home Administrator Application for Reinstatement of License (rev. 3/10).

Nursing Home Administrator Application for Licensure by Endorsement (rev. 3/10).

Nursing Home Administrator-in-Training Monthly Report (rev. 4/10).

Nursing Home Administrator-in-Training Documentation of Completion Form (rev. 3/10).

Domains of Practice (rev. 3/10).

Nursing Home Administrator Application - form available online only at https://www.license.dhp.virginia.gov/apply/

Nursing Home Administrator-in-Training Application, online form available at https://www.license.dhp.virginia.gov/apply/

Nursing Home Administrator-in-Training Notice of Change of Status or Discontinuance (rev. 3/2019)

Nursing Home Administrator Preceptor Application, online form available at https://www.license.dhp.virginia.gov/apply/

Checklist and Instructions for Nursing Home Administrator Reinstatement Application (rev. 3/2019)

Monthly Report of Nursing Home Administrator-in-Training (rev. 3/2019)

Nursing Home Administrator-in-Training Documentation of Completion Form (rev. 3/2019)

Proposed AIT Program Training Plan Domains of Practice (rev. 3/2019)

Continued Competency Activity and Assessment Form for Nursing Home Administrators (rev. 10/2014)

Continued Education (CE) Credit Form for Voluntary Practice (eff. 2/2018)

FORMS (18VAC95-30)

Checklist for Endorsement or Credentials Application to Practice as an Assisted Living Facility Administrator (rev. 3/10).

Checklist for Initial Licensure by Education to Practice as an Assisted Living Facility Administrator (rev. 3/10).

Assisted Living Facility Administrator Application for Licensure (rev. 3/10).

Assisted Living Facility Administrator Administrator-in-Training Application (rev. 4/10).

Monthly Report of Assisted Living Facility Administrator-in-Training (rev. 3/10).

Completion of Assisted Living Facility Administrator-in-Training (rev. 3/10).

Endorsement Certification Form (rev. 8/07).

Assisted Living Facility Administrator Preceptor Application (rev. 4/10).

Domains of Practice (rev. 11/09).

Assisted Living Facility Administrators Education and Experience Matrix (rev. 3/2019)

Assisted Living Facility Administrator Application for Licensure - form available online only at https://www.dhp.virginia.gov/nha/nha_forms.htm#alfa

Assisted Living Facility Administrator Administrator-in-Training Application - form available online only at https://www.dhp.virginia.gov/nha/nha_forms.htm%23alfa

Monthly Report of Assisted Living Facility Administrator-in-Training (rev. 3/2019)

Assisted Living Facility Administrator-in-Training Documentation of Completion Form (rev. 3/2019)

Assisted Living Facility Administrator-in-Training Notice of Change of Status or Discontinuance (rev. 3/2019)

Assisted Living Facility Administrator Preceptor Application - form only available online at https://www.dhp.virginia.gov/nha/nha_forms.htm#alfa

Proposed AIT Training Plan Domains of Practice (rev. 3/2019)

Checklist and Instructions for Assisted Living Facility Administrator Reinstatement Application (rev. 3/2019)

Checklist and Instructions for Assisted Living Facility Administrator Preceptor Reinstatement Application (rev. 3/2019)

Checklist and Instructions for Acting Assisted Living Facility Administrator-in-Training (rev. 3/2019)

Continuing Competency Activity and Assessment Form for Assisted Living Facility Administrators (rev. 9/2010)

Continuing Education (CE) Credit Form for Volunteer Practice (eff. 2/2018)

Name/Address Change Form (rev. 3/2019)

Request for Verification of Virginia NHA or ALFA License (eff. 3/2019)

VA.R. Doc. No. R19-5868; Filed April 12, 2019, 8:56 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF LONG-TERM CARE ADMINISTRATORS
Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC95-20. Regulations Governing the Practice of Nursing Home Administrators.

18VAC95-30. Regulations Governing the Practice of Assisted Living Facility Administrators.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4546, or email corie.wolf@dhp.virginia.gov.

FORMS (18VAC95-20)

Nursing Home Administrator Application General Information (rev. 9/08).

Nursing Home Administrator Application for Initial Licensure (rev. 3/10).

License Verification Form (rev. 3/10).

Nursing Home Administrator-in-Training Application (rev. 3/10).

Nursing Home Administrator-in-Training – Notice of Change of Status or Discontinuance (rev. 3/10).

Nursing Home Administrator Preceptor Application (rev. 3/10).

Nursing Home Administrator Application for Reinstatement of License (rev. 3/10).

Nursing Home Administrator Application for Licensure by Endorsement (rev. 3/10).

Nursing Home Administrator-in-Training Monthly Report (rev. 4/10).

Nursing Home Administrator-in-Training Documentation of Completion Form (rev. 3/10).

Domains of Practice (rev. 3/10).

Nursing Home Administrator Application - form available online only at https://www.license.dhp.virginia.gov/apply/

Nursing Home Administrator-in-Training Application, online form available at https://www.license.dhp.virginia.gov/apply/

Nursing Home Administrator-in-Training Notice of Change of Status or Discontinuance (rev. 3/2019)

Nursing Home Administrator Preceptor Application, online form available at https://www.license.dhp.virginia.gov/apply/

Checklist and Instructions for Nursing Home Administrator Reinstatement Application (rev. 3/2019)

Monthly Report of Nursing Home Administrator-in-Training (rev. 3/2019)

Nursing Home Administrator-in-Training Documentation of Completion Form (rev. 3/2019)

Proposed AIT Program Training Plan Domains of Practice (rev. 3/2019)

Continued Competency Activity and Assessment Form for Nursing Home Administrators (rev. 10/2014)

Continued Education (CE) Credit Form for Voluntary Practice (eff. 2/2018)

FORMS (18VAC95-30)

Checklist for Endorsement or Credentials Application to Practice as an Assisted Living Facility Administrator (rev. 3/10).

Checklist for Initial Licensure by Education to Practice as an Assisted Living Facility Administrator (rev. 3/10).

Assisted Living Facility Administrator Application for Licensure (rev. 3/10).

Assisted Living Facility Administrator Administrator-in-Training Application (rev. 4/10).

Monthly Report of Assisted Living Facility Administrator-in-Training (rev. 3/10).

Completion of Assisted Living Facility Administrator-in-Training (rev. 3/10).

Endorsement Certification Form (rev. 8/07).

Assisted Living Facility Administrator Preceptor Application (rev. 4/10).

Domains of Practice (rev. 11/09).

Assisted Living Facility Administrators Education and Experience Matrix (rev. 3/2019)

Assisted Living Facility Administrator Application for Licensure - form available online only at https://www.dhp.virginia.gov/nha/nha_forms.htm#alfa

Assisted Living Facility Administrator Administrator-in-Training Application - form available online only at https://www.dhp.virginia.gov/nha/nha_forms.htm%23alfa

Monthly Report of Assisted Living Facility Administrator-in-Training (rev. 3/2019)

Assisted Living Facility Administrator-in-Training Documentation of Completion Form (rev. 3/2019)

Assisted Living Facility Administrator-in-Training Notice of Change of Status or Discontinuance (rev. 3/2019)

Assisted Living Facility Administrator Preceptor Application - form only available online at https://www.dhp.virginia.gov/nha/nha_forms.htm#alfa

Proposed AIT Training Plan Domains of Practice (rev. 3/2019)

Checklist and Instructions for Assisted Living Facility Administrator Reinstatement Application (rev. 3/2019)

Checklist and Instructions for Assisted Living Facility Administrator Preceptor Reinstatement Application (rev. 3/2019)

Checklist and Instructions for Acting Assisted Living Facility Administrator-in-Training (rev. 3/2019)

Continuing Competency Activity and Assessment Form for Assisted Living Facility Administrators (rev. 9/2010)

Continuing Education (CE) Credit Form for Volunteer Practice (eff. 2/2018)

Name/Address Change Form (rev. 3/2019)

Request for Verification of Virginia NHA or ALFA License (eff. 3/2019)

VA.R. Doc. No. R19-5868; Filed April 12, 2019, 8:56 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHYSICAL THERAPY
Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Title of Regulation: 18VAC112-20. Regulations Governing the Practice of Physical Therapy.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Physical Therapy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4546, or email corie.wolf@dhp.virginia.gov.

FORMS (18VAC112-20)

Application for Licensure by Examination to Practice Physical Therapy as a Physical Therapist or Physical Therapist Assistant (rev. 1/11)

Application for Licensure by Endorsement to Practice Physical Therapy as a Physical Therapist or Physical Therapist Assistant (rev. 1/11)

Application for Reinstatement to Practice Physical Therapy as a Physical Therapist or Physical Therapist Assistant (rev. 1/11)

Instructions - Licensure by Endorsement to Practice as a Physical Therapist or Physical Therapist Assistant (Graduate of an American/Approved Program) (rev. 1/11)

Instructions - Licensure by Endorsement to Practice as a Physical Therapist or Physical Therapist Assistant (Graduate of a Non-American/Non-Approved Program) (rev. 1/11)

Instructions - Licensure by Examination to Practice as a Physical Therapist or Physical Therapist Assistant (Graduate of an American/Approved Program) (rev. 2/10)

Instructions - Licensure by Examination to Practice as a Physical Therapist or Physical Therapist Assistant (Graduate of an Non-American/Non-Approved Program) (rev. 2/10)

Instructions - Reinstatement of Licensure to Practice as a Physical Therapist or Physical Therapist Assistant (rev. 2/10)

Traineeship Application, Statement of Authorization (rev. 3/10)

Traineeship Application, Statement of Authorization (1,000-hour traineeship) (rev. 3/10)

Traineeship Application, Statement of Authorization (480-hour traineeship) (rev. 3/10)

Form L, Certificate of Physical Therapy Education (rev. 3/10)

Continued Competency Activity and Assessment Form (rev. 3/11)

480 Traineeship Completion Form (rev. 3/10)

Application for Direct Access Certification (rev. 1/11)

Instructions – Direct Access Certification (rev. 2/10)

Patient Attestation Form (rev. 7/07)

Application for Licensure by Examination to Practice Physical Therapy as a Physical Therapist or Physical Therapist Assistant - form available online only at https://www.dhp.virginia.gov/PhysicalTherapy/physther_forms.htm

Application for Licensure by Endorsement to Practice Physical Therapy as a Physical Therapist or Physical Therapist Assistant - form available online only at https://www.dhp.virginia.gov/PhysicalTherapy/physther_forms.htm

Application for Reinstatement to Practice as a Physical Therapist or Physical Therapist Assistant (rev. 4/2017)

Application for Reinstatement after Disciplinary Action (rev. 4/2017)

Checklist and Instructions for Application for Licensure by Endorsement to Practice Physical Therapy (rev. 3/2018)

Checklist and Instructions for Application for Licensure by Endorsement to Practice Physical Therapy (Graduate of a Non-approved Program) (rev. 3/2018)

Checklist and Instructions for Application for Licensure by Examination to Practice Physical Therapy (rev. 3/2018)

Checklist and Instructions for Application for Licensure by Examination to Practice Physical Therapy (Graduate of a Non-Approved Program) (rev. 3/2018)

Instructions - Reinstatement of Licensure to Practice as a Physical Therapist or Physical Therapist Assistant (rev. 7/2017)

Trainee Application Statement of Authorization (graduates awaiting examination results) (rev. 4/2018)

Trainee Application Statement of Authorization (1,000-hour traineeship) (rev. 6/2018)

Trainee Application, Statement of Authorization (320-hour traineeship) (rev. 6/2018)

320 Hour Trainee Completion Form (rev. 6/2018)

Trainee Application Statement of Authorization (160-hour traineeship) (rev. 6/2018)

160 Hour Traineeship Completion Form (rev. 6/2018)

Education Authorization Form (rev. 2/2019)

Continuing Competency Activity and Assessment Form (rev. 1/2015)

Continuing Education (CE) Credit Form for Volunteer Practice (eff. 2/2018)

Application for Direct Access Certification - form available online only at https://www.dhp.virginia.gov/PhysicalTherapy/physther_forms.htm

Instructions - Direct Access Certification by Experience (rev. 8/2016)

Instructions - Direct Access Certification by Transitional Doctorate (rev. 6/2015)

Direct Access Patient Attestation and Medical Release Form (eff. 5/2018)

Name/Address Change Form (rev. 6/2018)

Request for Verification of Virginia Physical Therapist License (rev. 6/2018)

VA.R. Doc. No. R19-5938; Filed April 12, 2019, 9:01 a.m.

Guidance Documents
Vol. 35 Iss. 18 - April 29, 2019


PUBLIC COMMENT OPPORTUNITY

Pursuant to § 2.2-4002.1 of the Code of Virginia, a certified guidance document is subject to a 30-day public comment period after publication in the Virginia Register of Regulations and prior to the guidance document's effective date. During the initial or additional public comment period, comments may be made through the Virginia Regulatory Town Hall website (http://www.townhall.virginia.gov) or sent to the agency contact. Under subsection C of § 2.2-4002.1, the effective date of the guidance document may be delayed for an additional comment period.

The following guidance documents have been submitted for publication by the listed agencies to initiate or extend a public comment period. Online users of this issue of the Virginia Register of Regulations may click on the name of a guidance document to access it. Guidance documents are also available on the Virginia Regulatory Town Hall (http://www.townhall.virginia.gov) or from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, Richmond, Virginia 23219.

 


DEPARTMENT OF EDUCATION

Titles of Documents:

Guidelines for the Neighborhood Assistance Act Tax Credit Program for Education Effective (After Public Comment Period).

Virginia Public School Bus Specifications.

Public Comment Deadline: May 29, 2019.

Effective Date: May 30, 2019.

Agency Contact: Emily V. Webb, Department of Education, P.O. Box 2120, Richmond, VA 23218-2120, telephone (804) 225-2924, or email emily.webb@doe.virginia.gov.

DEPARTMENT OF LABOR AND INDUSTRY

Title of Document: VOSH Procedures to comply with OSHA Enforcement Exemptions and Limitations under the Federal Appropriations Act, OSHA Instruction CPL 02-00-051 (formerly CPL 2-0.51J); Appendix "A" Revision.

Public Comment Deadline: May 29, 2019.

Effective Date: May 30, 2019.

Agency Contact: Holly Trice, Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219, or email holly.trice@doli.virginia.gov.

DEPARTMENT OF MOTOR VEHICLES

Titles of Documents:

Commercial Driver Training School Curriculum Requirements.

Motor Carrier Guidelines.

Motor Carrier Manual.

Public Comment Deadline: May 29, 2019.

Effective Date: May 30, 2019.

 

Agency Contact: Melissa Velazquez, Department of Motor Vehicles, 2300 West Broad Street, Richmond, VA 23220, telephone (804) 367-1844, or email melissa.velazquez@dmv.virginia.gov.

STATE BOARD OF SOCIAL SERVICES

Title of Document: Neighborhood Assistance Program (NAP) Donor Fact Sheet.

Public Comment Deadline: May 29, 2019.

Effective Date: May 30, 2019.

Agency Contact: Karin Clark, Department of Social Services, 801 East Main Street, Richmond, VA 23141, telephone (804) 726-7017, or email karin.clark@dss.virginia.gov.

DEPARTMENT OF TAXATION

Title of Document: Guidelines for Combined Sales Tax Holiday May 31, 2019.

Public Comment Deadline: May 29, 2019.

Effective Date: May 30, 2019.

Agency Contact: Joe Mayer, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299, or email joseph.mayer@tax.virginia.gov.