REGULATIONS
Vol. 33 Iss. 17 - April 17, 2017

TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Chapter 50
Proposed Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

Title of Regulation: 4VAC15-50. Game: Bear (amending 4VAC15-50-11, 4VAC15-50-71, 4VAC15-50-120).

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

Public Hearing Information:

May 24, 2017 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228

Public Comment Deadline: May 10, 2017.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.

Summary:

The proposed amendments (i) add a three-day open season for hunting bear in 36 counties or portions of counties to run Monday through Wednesday in the week prior to the statewide archery hunting season; (ii) add one week to the muzzleloading hunting season for bears in 34 localities; (iii) change the start date of the fall bear hound training season to August 1; and (iv) change the bear hound training season dates in the counties of Brunswick, Charlotte, Greensville, Lunenburg, and Mecklenburg to match the western bear hound training season.

4VAC15-50-11. Open season; generally.

A. It shall be lawful to hunt bears within in the following localities, including the cities and towns therein, during the following seasons:

Location

Season

Accomack County

Closed

Albemarle County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Alleghany County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Amelia County

Monday nearest December 2 and for 5 consecutive hunting days following.

Amherst County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Appomattox County

Monday nearest December 2 and for 5 consecutive hunting days following.

Arlington County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Augusta County
(North of US-250)

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Augusta County
(South of US-250)

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Bath County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Bedford County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Bland County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Botetourt County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Brunswick County

Monday nearest December 2 and for 5 consecutive hunting days following.

Buchanan County

First Monday following the last Saturday in September and for 2 days following; and the first Monday in December through the first Saturday in January, both dates inclusive.

Buckingham County

Monday nearest December 2 and for 5 consecutive hunting days following.

Campbell County

Monday nearest December 2 and for 5 consecutive hunting days following.

Caroline County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Carroll County

First Monday in December and for 19 days following.

Charles City County

Monday nearest December 2 and for 5 consecutive hunting days following.

Charlotte County

Monday nearest December 2 and for 5 consecutive hunting days following.

Chesapeake (City of)

October 1 through the first Saturday in January, both dates inclusive.

Chesterfield County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Clarke County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Craig County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Culpeper County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Cumberland County

Monday nearest December 2 and for 5 consecutive hunting days following.

Dickenson County

First Monday following the last Saturday in September and for 2 days following; and the first Monday in December through the first Saturday in January, both dates inclusive.

Dinwiddie County

Monday nearest December 2 and for 5 consecutive hunting days following.

Essex County

Monday nearest December 2 and for 5 consecutive hunting days following.

Fairfax County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Fauquier County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Floyd County

First Monday in December and for 19 days following.

Fluvanna County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Franklin County

First Monday in December and for 19 days following.

Frederick County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Giles County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Gloucester County

Monday nearest December 2 and for 5 consecutive hunting days following.

Goochland County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Grayson County

First Monday in December and for 19 days following.

Greene County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Greensville County

Monday nearest December 2 and for 5 consecutive hunting days following.

Halifax County

Monday nearest December 2 and for 5 consecutive hunting days following.

Hanover County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Henrico County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Henry County

First Monday in December and for 19 days following.

Highland County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Isle of Wight County

Monday nearest December 2 and for 5 consecutive hunting days following.

James City County

Monday nearest December 2 and for 5 consecutive hunting days following.

King and Queen County

Monday nearest December 2 and for 5 consecutive hunting days following.

King George County

Monday nearest December 2 and for 5 consecutive hunting days following.

King William County

Monday nearest December 2 and for 5 consecutive hunting days following.

Lancaster County

Monday nearest December 2 and for 5 consecutive hunting days following.

Lee County

First Monday following the last Saturday in September and for 2 days following; and the first Monday in December through the first Saturday in January, both dates inclusive.

Loudoun County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Louisa County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Lunenburg County

Monday nearest December 2 and for 5 consecutive hunting days following.

Madison County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Mathews County

Monday nearest December 2 and for 5 consecutive hunting days following.

Mecklenburg County

Monday nearest December 2 and for 5 consecutive hunting days following.

Middlesex County

Monday nearest December 2 and for 5 consecutive hunting days following.

Montgomery County
 (southeast of I-81)

First Monday in December and for 19 days following.

Montgomery County (northwest of I-81)

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Nelson County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

New Kent County

Monday nearest December 2 and for 5 consecutive hunting days following.

Northampton County

Closed

Northumberland County

Monday nearest December 2 and for 5 consecutive hunting days following.

Nottoway County

Monday nearest December 2 and for 5 consecutive hunting days following.

Orange County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Page County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Patrick County

First Monday in December and for 19 days following.

Pittsylvania County

Monday nearest December 2 and for 5 consecutive hunting days following.

Powhatan County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Prince Edward County

Monday nearest December 2 and for 5 consecutive hunting days following.

Prince George County

Monday nearest December 2 and for 5 consecutive hunting days following.

Prince William County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Pulaski County
(southeast of I-81)

First Monday in December and for 19 days following.

Pulaski County
(northwest of I-81)

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Rappahannock County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Richmond County

Monday nearest December 2 and for 5 consecutive hunting days following.

Roanoke County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Rockbridge County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Rockingham County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Russell County (except on the Channels State Forest and Clinch Mountain WMA)

First Monday following the last Saturday in September and for 2 days following; and the first Monday in December through the first Saturday in January, both dates inclusive.

Russell County (on the Channels State Forest and Clinch Mountain WMA)

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Scott County

First Monday following the last Saturday in September and for 2 days following; and the first Monday in December through the first Saturday in January, both dates inclusive.

Shenandoah County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Smyth County

(southeast of I-81)

First Monday in December and for 19 days following.

Smyth County

(northwest of I-81)

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Southampton County

Monday nearest December 2 and for 5 consecutive hunting days following.

Spotsylvania County

Fourth Monday in November through the first Saturday in January, both dates inclusive.

Stafford County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Suffolk (City of)

October 1 through the first Saturday in January, both dates inclusive.

Surry County

Monday nearest December 2 and for 5 consecutive hunting days following.

Sussex County

Monday nearest December 2 and for 5 consecutive hunting days following.

Tazewell County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Virginia Beach (City of)

October 1 through the first Saturday in January, both dates inclusive.

Warren County

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

Washington County
(southeast of I-81)

First Monday in December and for 19 days following.

Washington County
(northwest of I-81 and east of Route 19)

First Monday following the last Saturday in September and for 2 days following; and the first Monday in December through the first Saturday in January, both dates inclusive.

Washington County
(northwest of I-81 and west of Route 19)

First Monday following the last Saturday in September and for 2 days following; and the first Monday in December and for 19 days following.

Westmoreland County

Monday nearest December 2 and for 5 consecutive hunting days following.

Wise County

First Monday following the last Saturday in September and for 2 days following; and the first Monday in December through the first Saturday in January, both dates inclusive.

Wythe County
(southeast of I-81)

First Monday in December and for 19 days following.

Wythe County
(northwest of I-81)

Fourth Monday following the last Saturday in September and for 2 days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive.

York County

Monday nearest December 2 and for 5 consecutive hunting days following.

B. Except as provided in the subsection A of this section, bears may be hunted from the Saturday prior to the fourth Monday in November through the first Saturday in January, both dates inclusive, within the incorporated limits of any city that allows bear hunting.

4VAC15-50-71. Muzzleloading gun hunting.

A. It Except as otherwise provided in this section, it shall be lawful to hunt bear bears during the special muzzleloading season with muzzleloading guns from the Saturday prior to the second Monday in November through the Friday prior to the third Monday in November, both dates inclusive, except in the cities of Chesapeake, Suffolk, and Virginia Beach.

B. It shall be lawful to hunt bears during the muzzleloading season with muzzleloading guns from the Saturday prior to the first Monday in November through the Friday prior to the third Monday in November, both dates inclusive, in the counties (including the cities or towns within) of Albemarle, Alleghany, Amherst, Appomattox, Arlington, Augusta, Bath, Bedford, Botetourt, Buckingham, Caroline, Clarke, Culpeper, Fairfax, Fauquier, Fluvanna, Frederick, Greene, Highland, Loudoun, Louisa, Madison, Nelson, Orange, Page, Prince William, Rappahannock, Roanoke, Rockbridge, Rockingham, Shenandoah, Spotsylvania, Stafford, and Warren.

B. C. It shall be unlawful to hunt bear with dogs during any special season for hunting with muzzleloading guns, except that tracking dogs as defined in § 29.1-516.1 of the Code of Virginia may be used.

C. D. A muzzleloading gun, for the purpose of this section, means a single shot weapon, .45 caliber or larger, firing a single projectile or sabot (with a .38 caliber or larger projectile) of the same caliber loaded from the muzzle of the weapon and propelled by at least 50 grains of black powder (or black powder equivalent or smokeless powder).

D. E. It shall be unlawful to have in immediate possession any firearm other than a muzzleloading gun while hunting with a muzzleloading gun in a special muzzleloading season.

4VAC15-50-120. Bear hound training season.

A. It shall be lawful to chase black bear with dogs, without capturing or taking, from the second Saturday in August 1 through the last Saturday in September, both dates inclusive, in all counties and cities or in the portions in which bear hunting is permitted except in the counties of Accomack, Amelia, Appomattox, Brunswick, Buckingham, Campbell, Caroline, Charles City, Charlotte, Chesterfield, Clarke, Cumberland, Dinwiddie, Essex, Fairfax, Fauquier, Fluvanna, Frederick, Gloucester, Goochland, Grayson (west of Route 16), Greensville, Halifax, Hanover, Henrico, Henry, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Loudoun, Louisa, Lunenburg, Mathews, Mecklenburg, Middlesex, New Kent, Northampton, Northumberland, Nottoway, Orange, Patrick, Pittsylvania, Powhatan, Prince Edward, Prince George, Prince William, Richmond, Roanoke (south of Interstate 81), Smyth (that part south of Interstate 81 and west of Route 16), Southampton, Spotsylvania, Stafford, Surry, Sussex, Westmoreland, and York, and in the cities of Hampton, Newport News and Norfolk.

B. It shall be lawful to chase black bear with dogs, without capturing or taking, from the Saturday prior to the third Monday in November and for 14 days following, both dates inclusive, in the counties of Amelia, Appomattox, Buckingham, Brunswick, Campbell (east of the Norfolk Southern Railroad), Charles City, Charlotte, Cumberland, Essex, Gloucester, Greensville, Halifax, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Lunenburg, Mathews, Mecklenburg, Middlesex, New Kent, Northumberland, Nottoway, Pittsylvania (east of the Norfolk Southern Railroad), Prince Edward, Prince George, Richmond, Southampton, Surry, Sussex, Westmoreland, and York.

C. It shall be lawful to chase black bears with dogs, without capturing or taking, in the counties of Brunswick, Charlotte, Greensville, Lunenburg, and Mecklenburg from the first Saturday in September through the last Saturday in September, both dates inclusive.

D. C. It shall be unlawful to have in possession a firearm, bow, crossbow, or any weapon capable of taking a black bear while participating in the bear hound training season. The meaning of "possession" for the purpose of this section shall include, but not be limited to, having a firearm, bow, crossbow, or any weapon capable of taking a black bear in or on one's person, vehicle, or conveyance.

VA.R. Doc. No. R17-5069; Filed March 29, 2017, 1:42 a.m.