Title of Regulation: 4VAC15-40. Game: In General (amending 4VAC15-40-30, 4VAC15-40-275; adding 4VAC15-40-225, 4VAC15-40-287).

Statutory Authority: §§ 29.1-103 and 29.1-501 of the Code of Virginia (4VAC15-40-30, 4VAC15-40-225, and 4VAC15-40-275).

§§ 29.1-103, 29.1-501, and 29.1-527.2 (4VAC15-40-287).

Effective Date: August 1, 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 amendments (i) add raccoons to the list of species that may be taken by the use or aid of recorded animal or bird calls or sounds; (ii) specifically allow humane dispatch methods for animals captured in traps; (iii) limit the requirement for a fur dealer permit to those who purchase raw fur or unskinned carcasses of fur-bearing animals; (iv) provide for the purchase and sale of pelts not defined as being raw, skinned carcasses, and other furbearer parts by any person at any time without a permit; (v) define "raw fur"; and (vi) provide a model ordinance for cities and towns to prohibit feeding deer.

4VAC15-40-30. Recorded wild animal or wild bird calls or sounds prohibited in taking game; bobcats, coyotes, crows, and foxes, and raccoons excepted.

It shall be unlawful to take or attempt to take wild animals and wild birds with the exception of bobcats, coyotes, crows, and foxes, and raccoons by the use or aid of recorded animal or bird calls or sounds or recorded or electrically amplified imitation of animal or bird calls or sounds; provided, that electronic calls may be used on private lands for hunting bobcats, coyotes, and foxes, and raccoons with written permission of the landowner and on public lands except where specifically prohibited.

4VAC15-40-225. Killing of animals captured in live traps permitted [ ; drowning of animals captured in cage traps prohibited ].

It shall be lawful to kill wild animals legally captured in live traps using any humane method of dispatch not specifically prohibited by law [ ; however, it shall be unlawful to intentionally drown any wild animal captured in a cage or box trap ].

4VAC15-40-275. Sale of furbearer pelts, carcasses, and parts.

Carcasses, including portions of carcasses, of legally taken and possessed fur-bearing animals may be sold at any time to buyers permitted It shall be unlawful to buy, sell, barter, traffic or trade in, bargain for, or solicit for purchase raw pelts and unskinned carcasses of fur-bearing animals defined in § 29.1-100 of the Code of Virginia without having first obtained a fur dealer permit in accordance with §§ 29.1-400 through 29.1-407 of the Code of Virginia [ . A, except that a ] permit shall not be required of [ any:

1. Any ] hunter or trapper, or any person lawfully engaged in the business of fur farming, to sell or dispose of legally taken or possessed raw pelts and unskinned carcasses of fur-bearing animals at any time. [ Provided further, that a permit shall not be required for any

2. Any person to purchase legally taken or possessed raw pelts or unskinned carcasses of fur-bearing animals at any time if the pelts are to be tanned or used in taxidermy mounts for personal use and not for resale, trade, or other commercial purposes.

3. Any ] person to buy or sell at any time pelts that are not defined as being raw, skinned carcasses [ , such as taxidermy mounts, ] or any other parts of legally taken and possessed fur-bearing animals defined in § 29.1-100 of the Code of Virginia. Such parts shall include skulls, teeth, claws, bones, glands, and secretions. For the purposes of this section, "raw pelt" shall be defined as any pelt with its hair or fur intact that has not been tanned, cured, chemically preserved, or converted to any usable form beyond initial cleaning, stretching, and drying. Salt-cured and sun-cured pelts shall be considered raw pelts.

4VAC15-40-287. Model ordinances related to feeding of deer in cities and towns.

Per the provisions of § 29.1-527.2 of the Code of Virginia, the following model ordinance related to the feeding of deer may be adopted by a city or town. Any city or town must notify the director of the Department of Game and Inland Fisheries of the adoption of such an ordinance by registered mail.

Model ordinance:

A. Pursuant to § 29.1-527.2 of the Code of Virginia, it shall be unlawful for any person to place, distribute, or allow the placement of food, salt, minerals, or similar substances to feed or attract deer at any time.

B. No person shall continue to place, distribute, or allow the placement of food, salt, minerals, or similar substances for any purpose if the placement of these materials results in the presence of deer.

C. No part of this ordinance shall be construed to restrict agricultural, commercial, noncommercial, or residential plantings (including wildlife food plots); bona fide distribution of food to livestock; or wildlife management activities conducted or authorized by the Department of Game and Inland Fisheries.