Title of Regulation: 4VAC15-40. Game: in General (amending 4VAC15-40-200, 4VAC15-40-282, 4VAC15-40-285; adding 4VAC15-40-22, 4VAC15-40-275, 4VAC15-40-286).

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

Public Hearing Information:

May 3, 2011 - 9 a.m. - Department of Game and Inland Fisheries, 4000 West Broad Street, Richmond, VA

Public Comment Deadline: April 15, 2011.

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

Summary:

The proposed amendments will (i) establish a special license to hunt bears for a fee of $25 for residents and $150 for nonresidents; (ii) increase the maximum size of body-gripping traps from 6-1/2" to 7-1/2" jaw spread that can be used within trap enclosures; (iii) authorize parts of legally taken and possessed furbearers to be sold at any time to fur dealers permitted by the department; (iv) define the term "person"; (v) broaden the range and enforceability of the prohibition on using food and other attractants to attract bears, so as to also prohibit allowing the placement of such attractants, and adding trash to the list of prohibited attractants; (vi) make it unlawful to feed deer year round in Virginia with the exception that attractants may be used during the month of July for the purpose of photographing deer with picture taking devices; and (vii) prohibit the feeding or attracting of wildlife when it causes property damage, endangers people, or creates a public health concern.

4VAC15-40-22. Special license for hunting bear.

There shall be a special license to hunt bears that shall be in addition to the state resident license to hunt or state nonresident license to hunt. The fee for the special bear license shall be $25 for a resident and $150 for a nonresident.

4VAC15-40-200. Restricted use of above ground body-gripping traps in excess of five inches.

It shall be unlawful to set above the ground any body-gripping trap with a jaw spread in excess of five inches when using any bait, lure, or scent; provided, that baited body gripping traps with a jaw spread up to 6-1/2 7-1/2 inches may be used when the trap is within an enclosure with openings no greater than 60 square inches and the trap trigger is recessed at least 12 inches from all openings; provided further that such traps must be staked to prevent them from turning over and may only be used on private lands with written permission of the landowner.

4VAC15-40-275. Sale of furbearer parts.

Carcasses, including portions of carcasses, of legally taken and possessed fur-bearing animals may be sold at any time to buyers permitted in accordance with § 29.1-400 through § 29.1-407 of the Code of Virginia.

4VAC15-40-282. Unauthorized feeding of bear.

It shall be unlawful for any person as defined in § 1-230 of the Code of Virginia to place or, distribute, or allow the placement of food, minerals, carrion, trash, or similar substances to feed or attract bear. Nor, upon written notification by department personnel, shall any person continue to place or, distribute, or allow the placement of any food, mineral, carrion, trash, or similar substances for any purpose if the placement of these materials results in the presence of bear in such numbers or circumstances to cause annoyance or inconvenience to any person, cause property damage, or endanger any person or wildlife. After such notification, such person shall be in violation of this section if the placing, distribution, or presence of such food, minerals, carrion, trash, or similar substances continues. This section shall not apply to wildlife management activities conducted or authorized by the department.

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

It shall be unlawful for any person to place or distribute food, salt, minerals or similar substances, to feed or attract deer from September 1 through the first Saturday in January, both dates inclusive, except that substances may be placed or distributed during the month of July for the purpose of taking photographs, provided that such substances are present only when and where picture taking devices are present. Nor, upon written notification by department personnel, shall any person continue to place or distribute any food, salt, mineral or similar substances for any purpose if the placement of these materials results in the attraction of and/or feeding of deer. 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. 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.

4VAC15-40-286. Unauthorized feeding of wildlife.

It shall be unlawful for any person as defined in § 1-230 of the Code of Virginia to place, distribute, or allow the placement of food, minerals, carrion, trash, or similar substances when it attracts any species of wildlife in such numbers or circumstances to cause property damage, endanger any person or wildlife, or create a public health concern. Upon notification by department personnel, any such person shall be in violation of this section if the placing, distribution, or presence of such food, minerals, carrion, trash, or similar substances continues. This section shall not 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 or U.S. government agencies with wildlife management responsibilities.