TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Proposed Regulation

Title of Regulation: 4VAC15-40. Game: In General (amending 4VAC15-40-70, 4VAC15-40-282; adding 4VAC15-40-61, 4VAC15-40-62, 4VAC15-40-310; repealing 4VAC15-40-60).

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

Public Comment Deadline: June 3, 2025.

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

Summary:

The proposed amendments (i) separate provisions regarding hunting with dogs and those regarding possession of certain weapons into separate sections to clarify when weapons may be possessed while hunting; (ii) establish provisions outlining the period during which hunting and trapping may occur on national forest lands, state forest lands, and department-owned and department-managed lands while maintaining the current timeframe for hunting and trapping on these lands; (iii) clarify lawful shooting activities on department-owned and department-managed lands; (iv) clarify provisions regarding the possession of firearms while training dogs; (v) remove the requirement that a person be notified by department personnel that they are purposefully or inadvertently feeding bears prior to being found in violation of the regulation; and (vi) establish provisions for department staff or designees of department staff to authorize citizens to dispatch severely injured or diseased game, fur-bearing animals, and nonmigratory game birds for animal welfare purposes.

4VAC15-40-60. Hunting with dogs or possession of weapons in certain locations during closed season. (Repealed.)

A. Department-owned and national forest lands statewide. It shall be unlawful to have in possession a firearm or any hunting weapon that is not unloaded and cased or dismantled on all national forest lands statewide and on department-owned lands and on other lands managed by the department under cooperative agreement except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, waterfowl, or migratory gamebirds on these lands.

B. Certain counties. Except as otherwise provided in 4VAC15-40-70, it shall be unlawful to have either a shotgun or a rifle in one's possession when accompanied by a dog in the daytime in the fields, forests or waters of the Counties of Augusta, Clarke, Frederick, Page, Shenandoah, and Warren, and in the counties east of the Blue Ridge Mountains, except Patrick, at any time except the periods prescribed by law to hunt game birds and animals.

C. Shooting ranges and authorized activities. The provisions of this section shall not prohibit the conduct of any activities authorized by the board or the establishment and operation of archery and shooting ranges on the lands described in subsections A and B of this section. The use of firearms or any hunting weapon in such ranges during the closed season period will be restricted to the area within the established range boundaries. Such weapons shall be required to be unloaded and cased or dismantled in all areas other than the range boundaries. The use of firearms or any hunting weapon during the closed hunting period in such ranges shall be restricted to target shooting only, and no birds or animals shall be molested.

D. It shall be unlawful to chase with a dog or train dogs on national forest lands or department-owned lands except during authorized hunting, chase, or training seasons that specifically permit these activities on these lands or during raccoon hound field trials on these lands between September 1 and March 31, both dates inclusive, that are sanctioned by bona fide national kennel clubs and authorized by permits issued by the department or the U.S. Forest Service.

E. It shall be unlawful to possess or transport any loaded firearm or loaded hunting weapon in or on any vehicle at any time on national forest lands or department-owned lands.

F. The provisions of this section shall not prohibit the possession, transport, and use of loaded firearms by employees of the Department of Wildlife Resources while engaged in the performance of their authorized and official duties, nor shall it prohibit possession and transport of loaded concealed handguns where the individual possesses a concealed handgun permit as defined in § 18.2-308 of the Code of Virginia.

G. Meaning of "possession" of any hunting weapon and definition of "loaded crossbow," "loaded arrowgun," "loaded muzzleloader," and "loaded firearm." For the purpose of this section, the word "possession" shall include having any firearm or weapon used for hunting in or on one's person, vehicle, or conveyance. For the purpose of this section, a "loaded firearm" means a firearm in which ammunition is chambered or loaded in the magazine or clip when such magazine or clip is engaged or partially engaged in a firearm. The definition of a "loaded muzzleloader" will include a muzzleloading rifle, pistol, or shotgun that is capped, has a charged pan, or has a primer or battery installed in the muzzleloader. A "loaded crossbow" means a crossbow that is cocked and has either a bolt or arrow engaged or partially engaged on the shooting rail or track of the crossbow, or with a "trackless crossbow" when the crossbow is cocked and a bolt or arrow is nocked. "Loaded arrowgun" means an arrowgun that has an arrow or bolt inserted on the arrow rest or in the barrel. "Hunting weapon" means any weapon allowable for hunting as defined in § 29.1-519 of the Code of Virginia.

4VAC15-40-61. Hunting and trapping on national forest, state forest, and department-owned or department-managed lands.

A. Except as provided in subsection B of this section, it shall be unlawful to hunt or trap, as defined in § 29.1-100 of the Code of Virginia, on all national forest lands and state forest lands statewide and on department-owned and department-managed lands, except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, waterfowl, or migratory game birds on these lands.

B. It shall be lawful to chase with a dog or train dogs on national forest lands, state forest lands, or department-owned and department-managed lands during authorized hunting, chase, or training seasons that specifically permit these activities on these lands or during raccoon hound field trials on these lands between September 1 and March 31, both dates inclusive, that are sanctioned by bona fide national kennel clubs and authorized by permits issued by the department or the U.S. Forest Service. Otherwise, such activities on these lands shall be unlawful.

4VAC15-40-62. Shooting ranges on department-owned and managed lands.

A. It shall be unlawful to use or discharge a weapon, as described in § 29.1-519 of the Code of Virginia, on department-owned and department-managed lands other than to take legal wildlife while hunting or trapping during open seasons, as defined in 4VAC15-40-61.

B. Discharge of a firearm or hunting weapon for target shooting is prohibited on department-owned and department-managed lands, except on designated shooting ranges designed for specific firearms and hunting weapons on posted days and hours during which the range is open for operation.

4VAC15-40-70. Open dog training season.

A. Private lands and certain military areas. It shall be lawful to train dogs during daylight hours on squirrels and nonmigratory game birds on private lands, and on rabbits and nonmigratory game birds on Fort A. P. Hill, Fort Pickett, and Quantico Marine Reservation. Participants in this dog training season shall not have use any weapons other than starter pistols in their possession to train dogs, must comply with all regulations and laws pertaining to hunting, and no game shall be taken; provided, however, that weapons may be in possession used on private lands when training dogs on captive raised and properly marked mallards and pigeons so that they may be immediately shot or recovered.

B. It shall be lawful to train dogs on rabbits on private lands from 1/2 hour before sunrise to midnight.

C. Designated portions of certain department-owned lands. It shall be lawful to train dogs on quail on designated portions of the Amelia Wildlife Management Area, Cavalier Wildlife Management Area, Chester F. Phelps Wildlife Management Area, Chickahominy Wildlife Management Area, Dick Cross Wildlife Management Area, Mattaponi Wildlife Management Area, and White Oak Mountain Wildlife Management Area from September 1 to the day prior to the opening date of the quail hunting season, both dates inclusive. Participants in this dog training season shall not have use any weapons other than starter pistols in their possession to train dogs, shall not release pen-raised birds, must comply with all regulations and laws pertaining to hunting, and no game shall be taken.

D. Designated department-owned lands. It shall be lawful to train dogs during daylight hours on rabbits and nonmigratory game birds on the Weston Wildlife Management Area from September 1 to March 31, both dates inclusive. Participants in this dog training season shall not have use any weapons other than starter pistols in their possession to train dogs, shall not release pen-raised birds, must comply with all regulations and laws pertaining to hunting, and no game shall be taken.

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, distribute, or allow the placement of food, minerals, carrion, trash, or similar substances to feed or attract bear. Nor, upon notification by department personnel, No person shall any person continue to place, 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. 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 Nothing in this section shall not apply to wildlife management activities conducted or authorized by the department.

4VAC15-40-310. Dispatch of game or furbearers by authorized persons.

A. The director or the director's designee may, at the director's discretion, authorize a person to dispatch any nonmigratory game bird, fur-bearing animal, or game animal, except elk, as those animals are defined in § 29.1-100 of the Code of Virginia, provided that the authorizing official is satisfied that the animal is actively exhibiting clear signs of severe injury or disease.

B. The authorizing official may award the carcass of such animal or bird to any person, along with a call for service or report number, provided that no part of any animal dispatched pursuant to this section shall be used for the purposes of taxidermy, mounts, contests, or any public display, unless authorized by the director or the director's designee.

C. Where a deer is the animal authorized to be dispatched, the carcass or parts of it may not be removed from a disease management area, except according to the provisions of 4VAC15-90-293.