Title of Regulation: 4VAC15-260. Game: Waterfowl and Waterfowl Blinds (amending 4VAC15-260-90; adding 4VAC15-260-180).

Statutory Authority: §§ 29.1-103, 29.1-501 and 29.1-502 of the Code of Virginia.

Effective Date: July 1, 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 amendments (i) allow public waterfowl hunting from floating blinds in waters adjacent to the Saxis Wildlife Management Area, (ii) identify the area of Michael Marsh in Accomack County closed to waterfowl hunting, and (iii) require a permit to hunt Tundra Swans.

4VAC15-260-90. Blinds and hunting prohibited in sections of Accomack County.

A. The waters adjacent to the Free School and Michael marshes in the vicinity of the Town of Saxis in Accomack County shall be closed to stake and floating waterfowl blinds stationary blinds as defined by 4VAC15-260-10, starting from a stake on the north shore of Back Creek S 230° 37' E for a distance of 7560' more or less to a point 1500' more or less west of South Point, then S 58° 00° E for a distance of 9380' more or less to the center of the mouth of Cattail Creek. The waters of Messongo Creek shall be closed to stake and floating stationary blinds from the above-described line to Mill Creek. The waters of Cattail Creek shall be closed to stake and floating stationary blinds from its mouth following the center of the creek to the southeast corner stake of Michael's marsh Michael Marsh.

B. In the section known as Michael Marsh, waterfowl hunting is prohibited in all marsh above mean high tide and in the creeks running into the marsh.

4VAC15-260-180. Tundra Swan hunting permit.

Only persons with a valid Tundra Swan hunting permit will be allowed to take Tundra Swans during the prescribed season in Virginia. Tundra Swan hunting permits are nontransferable and are valid for use only by the person to whom issued. Permits must be in the immediate possession of the permit holder while swan hunting. Immediately at the time and place of kill, successful permittees must permanently record the month and day of kill on their permit and attach the permit to the swan as instructed.