TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Proposed Regulation

Title of Regulation: 4VAC15-40. Game: In General (adding 4VAC15-40-320).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 5, 2024.

Agency Contact: Aaron Proctor, Policy Planning Specialist II, Department of Wildlife Resources, 7870 Villa Park Drive, Villa Park 3, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Background: Frequent and repeated instances of unwanted dog presence on private land are at the source of many complaints, as opposed to isolated instances. Department of Wildlife Resources (DWR), Law Division receives complaints and requests for service related to hunting with dogs throughout the hunting seasons. During the past year, 2,002 of 6,128 calls for service for hunting complaints mentioned dogs. By far, the most common complaint received is hunting dogs being present on private land without landowner permission. Section 18.2-132.1 of the Code of Virginia addresses the intentional release of dogs on posted lands without permission but does not reach other situations that are the root of more common complaints. Current law and regulation largely do not provide recourse for repeat and unwanted presence of dogs, leaving landowners without law enforcement recourse in most situations where assistance is requested. DWR's Hunting Hounds-Private Landowner Stakeholder Advisory Committee (SAC) recommends a complaint or notice-driven process to (i) avoid creating new requirements for unproblematic situations, (ii) allow both hunter and law enforcement efforts to be concentrated on avoiding or resolving potential conflict situations, and (iii) address repetitive cases rather than single or isolated incidents that may not recur or that may be informally resolved. Rather than a trespass approach, the proposal focuses on the efforts made by the hunter in an iterative fashion.

Summary:

The proposed amendments require hunters using dogs to hunt deer or bear to make reasonable efforts to prevent the dogs from entering a landowner's property and provide examples of reasonable efforts, when reasonable efforts may be discontinued, and when reasonable efforts are unnecessary.

4VAC15-40-320. Reasonable efforts for deer and bear hunting with dogs.

A. A deer or bear hunter using dogs shall make reasonable efforts to prevent the hunter's dogs from entering a landowner’s property after receiving notification that the hunter's hunting dogs are not desired on the landowner’s property. The notification may be made by either (i) individual communication from the landowner or the landowner's agent or (ii) a conservation police officer, following receipt of a valid complaint that the hunter’s dogs have been present on the landowner’s property without permission.

B. The hunter shall determine the type and number of efforts to be implemented on a site-specific basis. The efforts selected, whether individually or in combination, shall be reasonably expected to be effective in preventing the hunter's dogs from entering the landowner's property. The efforts may include considerations such as (i) the number and breed of dogs cast; (ii) casting locations; (iii) timing of hunts; (iv) stander and handler locations and actions; (v) retrieval efforts; (vi) use of tracking or correction technology; (vii) if desired by the landowner, landowner notification; (viii) the development of a written plan for the hunt; or (ix) other considerations appropriate to the circumstances. Efforts shall be amended if initially unsuccessful.

C. The hunter may discontinue efforts undertaken to comply with subsection B of this section if the landowner grants written permission for the hunter's dogs to be present on the landowner's property.

D. Notwithstanding the requirement that reasonable efforts be made at all times following notification, presence of the hunter's deer or bear hunting dogs on the landowner's property without permission on two or more occasions within any 12-month period following receipt of the initial notification shall create a rebuttable presumption that reasonable efforts have not been undertaken.