TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Proposed Regulation

Title of Regulation: 4VAC15-40. Game: In General (amending 4VAC15-40-200, 4VAC15-40-260, 4VAC15-40-280).

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

Public Comment Deadline: October 21, 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) prohibit baited body-gripping traps on public lands; (ii) remove language prohibiting hunting of pen-raised game birds on Sunday; and (iii) remove a statement reiterating that in addition to an annual or lifetime hunting license and a big game tag, hunters who utilize Public Access Lands for Sportsmen must obtain a permit to hunt on lands managed by the department.

4VAC15-40-200. Restricted use of above ground body-gripping traps in excess of five inches.

It shall be unlawful to set above the ground any body-gripping trap with a jaw spread in excess of five inches when using any bait, lure, or scent;, provided, (i) that baited body gripping body-gripping traps with a jaw spread up to 7-1/2 inches may be used when the trap is within an enclosure with openings no greater than 60 square inches and the trap trigger is recessed at least 12 inches from all openings; provided further and (ii) that such traps must be staked to prevent them from turning over and may only not be used on private public lands with written permission of the landowner.

4VAC15-40-260. Sunday hunting on controlled shooting areas.

A. Except as otherwise provided in the sections appearing in this chapter, it shall be lawful to hunt pen-raised game birds seven days a week as provided by § 29.1-514 of the Code of Virginia. The length of the hunting season on such preserves and the size of the bag limit shall be in accordance with rules of the board. For the purpose of this chapter, controlled shooting areas shall be defined as licensed shooting preserves.

B. It shall be unlawful to hunt pen-raised game birds on Sunday on controlled shooting areas in Augusta County or in any county or city which prohibits Sunday operation by ordinance.

4VAC15-40-280. Department-owned, controlled, or managed lands; annual permit for hunting on lands managed by the department.

A. The open seasons for hunting and trapping, as well as hours, methods of taking, and bag limits for department-owned or department-controlled lands, or lands managed by the department under cooperative agreement, shall conform to the regulations of the board, unless excepted by posted rules established by the director or his the director's designee. Such posted rules shall be displayed at each recognized entrance to the land where the posted rules are in effect.

B. Department-owned lands shall be open to the public for wildlife observation and for hunting, fishing, trapping, and boating (as prescribed by 4VAC15-320-100) under the regulations of the board. Other activities deemed appropriate by the director or his the director's designee may be allowed by posted rules, by written authorization from the director or his the director's designee, or by special permit.

C. No person shall hunt on lands managed by the department through a lease agreement or other similar memorandum of agreement where the department issues an annual hunting permit without having purchased a valid annual hunting permit. The annual hunting permit shall be in addition to the required licenses to hunt, and the cost of such permit shall be the same as the cost of the annual state resident hunting license in § 29.1-303 of the Code of Virginia.

D. Activities that are not generally or specifically authorized in accordance with subsections A through C of this section are prohibited and shall constitute a violation of this regulation.