Title of Regulation: 4VAC15-260. Game: Waterfowl and Waterfowl Blinds (amending 4VAC15-260-120; adding 4VAC15-260-85, 4VAC15-260-86; repealing 4VAC15-260-60 through 4VAC15-260-80).

Statutory Authority: §§ 29.1-501 and 29.1-502 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) prohibit licensing of non-riparian, stationary waterfowl blinds in public waters adjacent to wildlife management areas and wildlife conservation sites as well as the James River, Plum Tree Island, Occoquan Bay, and Featherstone National Wildlife Refuges; and (ii) clarify the boundaries of the special sea duck area to enhance understanding by hunters and law-enforcement officers as to when hunters are allowed to chase and retrieve injured sea ducks.

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 (Repealed.)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 (Repealed.)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.

4VAC15-260-75. Blinds adjacent to the Ware Creek Wildlife Management Area. (Repealed.)

Except for blinds built or maintained by the department, no stationary waterfowl blinds shall be licensed on the public waters of Philbates and Ware Creeks, or on the York River within 1000 yards of the Ware Creek Wildlife Management Area. Waterfowl hunting within 500 yards of the wildlife management area property will be permitted only at locations and during times designated by the department. However, 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.

4VAC15-260-80. Blinds adjacent to Ragged Island Wildlife Management Area. (Repealed.)

No license shall be issued for stationary waterfowl blinds in the adjacent waters to mid-channel of Kings Creek and Ragged Island Creek or in the adjacent waters of the James River and Batten Bay within 1000 yards of the Ragged Island Wildlife Management Area in Isle of Wight County.

4VAC15-260-85. Non-riparian stationary blinds adjacent to certain department-owned properties.

A. Non-riparian stationary waterfowl blinds shall not be erected or licensed on the shores or in the public waters adjacent to any department wildlife management area or wildlife conservation site.

B. Subject to 4VAC15-40-100, 4VAC15-40-110, 4VAC15-40-130, 4VAC15-260-90, and 4VAC15-260-115, floating waterfowl blinds shall be permitted on the public waters adjacent to any department wildlife management area or wildlife conservation site. Additionally, as permitted in § 29.1-351 of the Code of Virginia, the distance restrictions for licenses for waterfowl blinds and for hunting waterfowl in §§ 29.1-340 through 29.1-351.1 of the Code of Virginia shall not apply to floating waterfowl blinds being used on the public waters adjacent to any department wildlife management area or wildlife conservation site.

C. For purposes of this chapter, "adjacent waters" means all water from mean low tide to 600 yards offshore.

D. Any person who holds a 2022-2023 non-riparian stationary waterfowl blind license in the areas specified in subsection A of this section is permitted to renew that person's license for each of that person's blinds for the 2023-2024 waterfowl hunting seasons. In any case, licenses for these blinds will expire no later than August 15, 2024. Per § 29.1-347 of the Code of Virginia, blind structures must be removed when the license expires or when the license holder no longer intends to use the blind, whichever occurs first.

E. This section shall not abridge the privileges prescribed for a landowner and a landowner's lessee and a permittee in §§ 29.1-344 and 29.1-347 of the Code of Virginia.

F. This chapter shall not apply to the blinds and public waters in the City of Virginia Beach.

4VAC15-260-86. Non-riparian stationary blinds adjacent to select national wildlife refuges.

A. Non-riparian stationary waterfowl blinds shall not be erected or licensed on the shores of or in the public waters adjacent to designated national wildlife refuges identified in this subsection:

1. James River National Wildlife Refuge;

2. Plum Tree Island National Wildlife Refuge;

3. Occoquan Bay National Wildlife Refuge; or

4. Featherstone National Wildlife Refuge.

B. Floating waterfowl blinds shall be permitted on the public waters adjacent to the specified refuges. Additionally, as permitted in § 29.1-351 of the Code of Virginia, the distance restrictions in licenses for waterfowl blinds and for hunting waterfowl in §§ 29.1-340 through 29.1-351.1 of the Code of Virginia shall not apply to floating waterfowl blinds being used on the public waters adjacent to the specific refuges.

C. For purposes of this chapter, "adjacent waters" means all water from mean low tide to 600 yards offshore.

D. Any person who holds a 2022-2023 non-riparian stationary waterfowl blind license in the areas specified in subsection A of this section is permitted to renew that person's license for each of that person's blinds for the 2023-2024 and 2024-2025 waterfowl hunting seasons. In any case, licenses for these blinds will expire no later than August 15, 2025. Per § 29.1-347 of the Code of Virginia, blind structures must be removed when the license expires or when the license holder no longer intends to use the blind, whichever occurs first.

E. This section shall not abridge the privileges prescribed for a landowner and a landowner's lessees and a permittee in §§ 29.1-344 and 29.1-347 of the Code of Virginia.

4VAC15-260-120. Special sea duck season area.

Whenever federal migratory waterfowl regulations permit a special season for taking scoter, eider and long-tailed (formerly old-squaw) ducks within an area designated as a special sea duck hunting area under regulations adopted by the board, such The special sea duck hunting area shall be designated and delineated as follows:

Those waters at a distance greater than 800 yards from any shore, island or emergent vegetation in the following area: The ocean waters of Virginia, the tidal waters of Northampton and Accomack counties Counties up to the first highway bridge, and the Chesapeake Bay and each of its tributaries up to the first highway bridge. Back Bay and its tributaries are not included in the special sea duck hunting area.