TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF GAME AND INLAND FISHERIES

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is exempt 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. The board is required by § 2.2-4031 of the Code of Virginia to publish all proposed and final wildlife management regulations, including length of seasons and bag limits allowed on the wildlife resources within the Commonwealth of Virginia.

Final Regulation

Title of Regulation: 4VAC15-40. Game: in General (amending 4VAC15-40-60, 4VAC15-40-170, 4VAC15-40-210; adding 4VAC15-40-195).

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

Effective Date: August 1, 2009.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341 or email phil.smith@dgif.virginia.gov.

Summary:

The amendments (i) add crossbow to several provisions pertaining to the use or possession of weapons for hunting; (ii) replace the word "gun" with the word "firearm"; (iii) prohibit possession or transportation of a loaded firearm or loaded crossbow in or on any vehicle at any time on national forest and department owned lands; (iv) add a primer or battery to the definition of a loaded muzzleloading firearm; (v) define a loaded crossbow; (vi) change the word "leghold" to "foothold" in regard to traps; (vii) provide the option of using trap tags with a permanent identification number issued by the department instead of the trapper’s name and address; (viii) require that body-gripping traps that are completely submerged by water be visited by the trapper at least once every 72 hours; and (ix) clarify that foothold traps with teeth on the jaws or foothold traps with a jaw spread exceeding 6½ inches may not be set on land. The board did not adopt the proposed special license for hunting bears, and this new section is deleted.

[ 4VAC15-40-22. Special license for hunting bear.

There shall be a special license to hunt bears that shall be in addition to the state resident license to hunt or state nonresident license to hunt. The fee for the special bear license shall be $25 for a resident and $150 for a nonresident. ]

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

A. Department-owned lands west of the Blue Ridge Mountains and national forest lands statewide. It shall be unlawful to have in possession a bow, crossbow, or a gun which any firearm 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 located in counties west of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, or waterfowl on these lands.

B. Department-owned lands east of the Blue Ridge Mountains. It shall be unlawful to have in possession a bow, crossbow, or gun which any firearm that is not unloaded and cased or dismantled on department-owned lands and on other lands managed by the department under cooperative agreement located in the counties east of the Blue Ridge Mountains 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.

C. 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.

D. 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, B and C of this section. The use of firearms, crossbows, and bows 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, crossbows, or bows during the closed hunting period in such ranges shall be restricted to target shooting only and no birds or animals shall be molested.

E. 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 required and issued by the department and the U.S. Forest Service.

F. It shall be unlawful to possess or transport a any loaded gun firearm, or loaded crossbow in or on any vehicle at any time on national forest lands or department-owned lands.

G. The provisions of this section shall not prohibit the possession, transport and use of loaded firearms by employees of the Department of Game and Inland Fisheries 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.

H. Meaning of "possession" of bow, crossbow, or firearm and definition of "loaded gun. crossbow" and "loaded firearm." For the purpose of this section, the word "possession" shall include, but not be limited to, having any bow, crossbow, or firearm in or on one's person, vehicle or conveyance. For the purpose of this section, a "loaded gun firearm" shall be defined as a firearm in which ammunition is chambered or loaded in the magazine or clip when such magazine or clip is found engaged or partially engaged in a firearm. The definition of a loaded muzzleloading gun firearm will include a gun which muzzleloading firearm that is capped, or has a charged pan, or has a primer or battery installed in the firearm. The definition of a "loaded crossbow" is 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.

4VAC15-40-170. Marking of traps by person setting.

Any person setting or in possession of a steel leghold foothold or body gripping trap or snare shall have it marked by means of a nonferrous metal tag bearing his the name and address of the trapper or an identification number issued by the department. This requirement shall not apply to landowners on their own land, nor to a bona fide tenant or lessee within the bounds of land rented or leased by him, nor to anyone transporting any such trap from its place of purchase.

4VAC15-40-195. Visiting completely submerged, body-gripping traps.

Body-gripping traps that are completely submerged by water must be visited at least once every 72 hours.

4VAC15-40-210. Restricted use of certain steel foothold traps.

It shall be unlawful to set above the ground on land any steel foothold trap with teeth set upon the jaws or with a maximum inside jaw spread exceeding 6-1/2 inches measured perpendicular to the hinges.

VA.R. Doc. No. R09-1958; Filed July 31, 2009, 12:39 p.m.