Title of Regulation: 4VAC15-40. Game: In General (amending 4VAC15-40-195, 4VAC15-40-276, 4VAC15-40-285).

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

Public Hearing Information:

May 25, 2023 - 9 a.m. - Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, Virginia 23228.

Public Comment Deadline: May 24, 2023.

Agency Contact: Cale Godfrey, Assistant Director, Wildlife Division, Department of Wildlife Resources, 7870 Villa Park Drive, Henrico, VA 23228, telephone (804) 308-4210, or email cale.godfrey@dwr.virginia.gov.

Summary:

The proposed amendments (i) update trap visitation requirements to incorporate current remote camera monitoring technology; (ii) clarify and expand the parts of legally harvested turkeys that may be offered for sale; and (iii) clarify that feeding of deer is prohibited within incorporated cities and towns located within any county designated by the department to be within 25 miles of a confirmed detection of Chronic Wasting Disease.

4VAC15-40-195. Visiting traps, generally; visiting completely submerged, body-gripping traps; use of remote trap check systems.

A. Except as provided in subsections B and C of this section, it shall be unlawful to fail to visit all traps once each day and remove all animals caught.

B. Body-gripping traps that are completely submerged by water must be visited at least once every 72 hours.

C. Remote trap checking systems may be used in lieu of a physical trap visit when such systems (i) have a control unit or remote camera that reports trap status to a centralized application database at least once every 24 hours; (ii) have notification alarms that report provide notifications of trap closures or activity at the trap site and system health issues within one hour of detection via email and or text-based messaging systems; and (iii) have on-demand control unit testing capabilities for determining trap status, signal strength, and battery condition via remote system check-in. If the control unit reports a trap closure or the camera sends a photo with an animal in a trap, the user is required to physically visit the trap within 24 hours of the time the trap was reported closed or the photo was received. If the control unit or camera fails to report its current status within a 24-hour check-in period or reports a system health issue, the user is required to physically check the trap within 24 hours of the last time an open trap signal was received communication with the device.

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

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

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 (including the cities and towns within) of Buchanan, Dickenson, Wise, and in any county (including the cities and towns within) 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 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.