TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
REGISTRAR'S NOTICE: The Board of Game and
Inland Fisheries is exempt 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. The board is required by § 2.2-4031
of the Code of Virginia to publish all proposed and final wildlife management
regulations, including length of seasons and bag limits allowed on the wildlife
resources within the Commonwealth of Virginia.
Final Regulation
Title of Regulation:
4VAC15-240. Game: Turkey (amending 4VAC15-240-81, 4VAC15-240-91).
Statutory Authority: §§ 29.1-501 and
29.1-502 of the Code of Virginia.
Effective Date: August 1, 2009.
Agency Contact: Phil Smith, Regulatory
Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street,
Richmond, VA 23230, telephone (804) 367-8341 or email
phil.smith@dgif.virginia.gov.
Summary:
The amendments require
hunters to use the automated harvest reporting system to report wild turkeys
killed in the spring gobbler season, rather than present turkey carcasses at
game check station; remove references to presenting a turkey carcass at an
authorized check station; and require license exempt hunters to use the
automated harvest reporting system to report turkeys killed in the spring
gobbler season.
The board did not adopt
proposed amendments pertaining to changes to the fall turkey season and special
licenses for hunting bear.
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 the Saturday prior to the last Monday in
October and for [ 11 12 ] consecutive hunting days
following; on Thanksgiving Day; and on the Monday nearest December 9 through
the first Saturday in January, both dates inclusive.
4VAC15-240-11.
Open season; certain counties and areas; Saturday prior to the last Monday in
October and for [ 11 12 ] hunting days following, on
Thanksgiving Day, and on the Monday closest to December 2 through the last
Saturday in December, both dates inclusive.
Except as
otherwise specifically provided in the sections appearing in this chapter, it
shall be lawful to hunt turkeys in counties, cities and towns east of the Blue
Ridge Mountains except Amherst (west of U.S. Route 29), Bedford, Campbell (west
of Norfolk Southern Railroad), Franklin, Henry, Nelson (west of Route 151),
Patrick and Pittsylvania (west of Norfolk Southern Railroad) from the Saturday
prior to the last Monday in October and for [ 11 12 ]
consecutive hunting days following, on Thanksgiving Day, and on the Monday
nearest December 2 through the last Saturday in December, both dates inclusive.
4VAC15-240-20.
Open season; certain counties and areas; Saturday prior to the last Monday in
October and for [ 11 12 ] hunting days following, and
on Thanksgiving Day.
It shall be
lawful to hunt turkeys on the Saturday prior to the last Monday in October and
for [ 11 12 ] consecutive hunting days following, and
on Thanksgiving Day in the counties of Accomack, Buchanan, Isle of Wight,
Northampton, Prince George, Southampton, Surry, and Sussex and the City of
Suffolk.
4VAC15-240-31.
Open season; certain counties and areas; Saturday prior to the last Monday in
October and for [ 11 12 ] hunting days following, on
Thanksgiving Day, and on the Monday closest to December 2 and for 11 hunting
days following.
It shall be
lawful to hunt turkeys on the Saturday prior to the last Monday in October and
for [ 11 12 ] consecutive hunting days following, on
Thanksgiving Day, and on the Monday closest to December 2 and for 11 hunting
days following in the counties of Charles City, Gloucester, James City, King
George, Lancaster, Mathews, Middlesex, New Kent, Northumberland, Richmond,
Westmoreland, and York (except on Camp Peary).
4VAC15-240-81.
Validating tags and checking turkey by licensee.
A. Any person
killing a turkey shall, before removing the carcass from the place of kill,
validate an appropriate tag on his special license for hunting
[ bear, ] deer [ , ] and turkey 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 turkey tag from any special license for
hunting [ bear, ] deer [ , ] and turkey prior to the
killing of a turkey. A turkey tag that is mistakenly validated (notched) prior
to the killing of a turkey must be immediately voided by the licensee by
writing, in ink, the word "VOID" on the line provided on the tag.
B. Upon killing
a turkey and validating (notching) a license tag, as provided above, 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 to an authorized checking
station or to an appropriate representative of the department in the county or
adjoining county in which the turkey was killed or report their spring kill
(as provided by 4VAC15-240-40) through the department's automated harvest
reporting system. At such time, the person checking or reporting the
carcass will be given a game check card furnished by the department or a
confirmation number from the automated harvest 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 license tag that was
validated (notched) in the field. If checked at a big game check station, 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 a spring-season 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 spring 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.
C. It shall be
unlawful for any person to destroy the identity of the sex of any turkey killed
unless and until the license tag is validated (notched) and checked reported
using the automated harvest reporting system as required by this section.
Any turkey found in the possession of any person without a validated (notched)
license tag or documentation that the turkey has been checked (via a big
game check station or the automated harvest reporting system) reported
using the automated harvest reporting system as required by this section
shall be forfeited to the Commonwealth to be disposed of as provided by law.
4VAC15-240-91.
Checking turkey by persons exempt from license requirement or holding a license
authorization number.
A. Upon killing
a turkey, any person exempt from the license requirement as described in §
29.1-301 of the Code of Virginia, or issued a complimentary license as
prescribed in § 29.1-339, or the holder of a permanent license issued pursuant
to § 29.1-301 E, or the holder of a Virginia license authorization number
issued by a telephone or electronic media agent pursuant to § 29.1-327 B shall,
upon vehicle transport of the carcass or at the conclusion of legal hunting
hours, whichever comes first, and without unnecessary delay, present the
carcass to an authorized checking station or to any appropriate representative
of the department in the county or adjoining county in which the turkey was
killed or report their spring kill (as provided by 4VAC15-240-40) through
the department's automated harvest reporting system. At such time, the person checking
or reporting the carcass shall be given a game check card furnished by
the department or a confirmation number from the automated harvest reporting
system. If checked at a big game check station, 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 a spring-season 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.
B. It shall be
unlawful for any person to destroy the identity of the sex of any turkey killed
until the turkey is checked reported using the automated harvest
reporting system as required by this section. Any turkey that has not been checked
(via a big game check station or the automated harvest reporting system) reported
using the automated harvest reporting system as required by this section
found in the possession of any person exempt from license requirements or
holding a license authorization number shall be forfeited to the Commonwealth
to be disposed of as provided by law.
VA.R. Doc. No. R09-1965;
Filed July 31, 2009, 12:43 p.m.