Title of Regulation: 4VAC10-30. Virginia State Forests Regulations (amending 4VAC10-30-40, 4VAC10-30-120, 4VAC10-30-200, 4VAC10-30-210).

Statutory Authority: §§ 10.1-1101 and 10.1-1152 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: March 14, 2014.

Agency Contact: Ronald S. Jenkins, Administrative Officer, Department of Forestry, 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22903, telephone (434) 977-6555, FAX (434) 293-2768, or email ron.jenkins@dof.virginia.gov.

Basis: Section 10.1-1101 of the Code of Virginia authorizes the Department of Forestry to promulgate regulations necessary or incidental to the performance of duties or execution of powers conferred under Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia. Section 10.1-1152 of the Code of Virginia, as amended by Chapter 484 of the 2012 Acts of Assembly, provides that a special use permit for certain activities on state forest lands shall be issued for a fee established by regulations promulgated by the department.

Purpose: The purpose of the proposed amendments is to better protect and serve the health, safety, and welfare of the public who use Virginia State Forests for their recreational activities or while working in the state forests for official business reasons. The authority to charge a fee is being transferred to regulations. The proposed amendments establish an annual fee of $15 for special use permits to hunt, trap, fish, ride bikes, and ride horses on state forest lands. The department adopted an emergency regulation effective September 18, 2012, and this action will ensure the authority granted under the emergency regulation continues as permanent authority.

Substance: The proposed amendments require that any person who hunts, fishes, traps, rides a bike, or rides a horse in a state forest is required to purchase an annual special use permit for a fee of $15.

Issues: The advantage to the agency is that the amendments will enable the agency to continue charging an annual $15 special permit fee for hunting, fishing, trapping, riding horses, and riding bikes on state forest lands. This fee was previously established by statute, therefore, the proposed amendment is not expected to have any additional impact on the public. This regulatory action poses no disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Forester proposes to: 1) specify that the permit fee to hunt, trap, fish, ride bikes, or ride horses in a state forest is $15, and 2) add clarifying language to the regulations.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Prior to 2012, the Code of Virginia (§ 10.1-1152) stated that the State Forester is authorized, with the approval of the Board, to require any person who hunts, fishes, traps, rides mountain bikes, or rides horses on any of the lands described in § 10.1-1151 to obtain a special use permit. A special use permit to engage in these activities on any such lands would be issued for a fee, not to exceed $15 annually, as fixed by the State Forester. Permits to trap on such lands could be issued in combination with the hunting permits, or separately, at a fee not to exceed $15 annually for each such permit, to be fixed by the State Forester.

Chapter 484 of the 2012 Acts of Assembly removed the explicit $15 fee from statute, and instead specifies that the fee is to be established by regulations promulgated by the Department of Forestry. Therefore the State Forester proposes to set the fee as $15 in these regulations. As in practice the fee is not changing, this proposed amendment will have no impact beyond adding clarity. Increased clarity from this amendment and the other clarifying changes is potentially beneficial for interested parties in that they will need to spend less time in determining applicable requirements.

Businesses and Entities Affected. The proposed amendments affect the estimated 6,000 to 7,000 individuals who use state forests for hunting, trapping, fishing, biking or horseback riding.¹

Localities Particularly Affected. The regulations potentially affect anyone interested in hunting, trapping, fishing, biking or horseback riding, but may particularly affect those who live near the state forests. The 22 state forests are located in the following counties: Appomattox, Bedford, Buckingham, Carroll, Craig, Cumberland, Essex, Fauquier, Grayson, King and Queen, King William, Lancaster, Nelson, New Kent, Prince Edward, Prince William, Rockbridge, Rockingham, Russell, Shenandoah, Sussex, and Washington.

Projected Impact on Employment. The proposed amendments are unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendments are unlikely to significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments are unlikely to significantly affect small businesses.

Real Estate Development Costs. The proposed amendments are unlikely to significantly affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

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¹ Data source: Department of Forestry

Agency's Response to Economic Impact Analysis: The Department of Forestry concurs with the economic impact analysis conducted by the Virginia Department of Planning and Budget.

Summary:

In accordance with Chapter 484 of the 2012 Acts of Assembly, the proposed amendments require any person 16 years of age or older who hunts, fishes, traps, rides a bike, or rides a horse in a state forest to purchase an annual special use permit for a fee of $15.

4VAC10-30-40. Permits.

A permit to do any act shall authorize the same only insofar as it may be performed in strict accordance with the terms and conditions thereof. Any violation by its holder or his agents or employees of any term or condition thereof shall constitute grounds for its revocation by the department, or by its authorized representative. In case of revocation of any permit, all moneys paid for or on account thereof shall, at the option of the department, be forfeited to and be retained by it; and the holder of such permit, together with his agents and employees who violated such terms and conditions, shall be jointly and severally liable to the department for all damages and loss suffered by it in excess of money so forfeited and retained; but neither such forfeiture and retention by the department of the whole or any part of such moneys nor the recovery or collection thereby of such damages, or both, shall in any manner relieve such person or persons from liability to punishment for any violation of any provision of any Virginia State Forests Regulation. A state forest hunting special use permit will be required to hunt or, trap, fish, ride bikes, or ride horses on any state forest or portion thereof on which hunting and, trapping, fishing, riding bikes, or riding horses is permitted.

4VAC10-30-120. Charges.

No person 16 years of age or older shall make, use, or gain admittance to, or attempt to use or gain admittance to the facilities in any forest for the use of which a charge special use permit is made required by the department unless he shall pay the charge or price fixed by the department obtain a special use permit and pay an annual fee of $15. Any person under 16 years of age may hunt, trap, fish, ride bikes, or ride horses on any state forest and is not required to obtain a special use permit or pay an annual fee.

4VAC10-30-200. Hunting and fishing.

No person within the confines of any forest, shall hunt, trap, shoot, injure, kill or molest in any way any bird or animal, nor shall any person have in his possession any bird or animal, dead or alive, within the forest except any bird or animal designated as a game bird or animal by the Virginia Board of Game and Inland Fisheries, and the trapping of, hunting of, shooting at, or possession of any such bird or animal is prohibited except during the lawful hunting season set for the forest or portion thereof by the Virginia Board of Game and Inland Fisheries and only in those forests or portion thereof designated by the Forest Superintendent as lawful hunting areas. A state forest hunting special use permit will be required. All provisions of the Virginia Code concerning hunting must be complied with.

4VAC10-30-210. Fishing.

Fishing is permitted in designated areas in each forest, the only stipulation being that persons fishing must have a state fishing license, have a special use permit, and comply with the Virginia Game and Inland Fisheries rules and regulations.