4VAC15-50 Game: Bear

REGULATIONS

Vol. 29 Iss. 19 - May 20, 2013

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF GAME AND INLAND FISHERIES

Chapter 50

Proposed Regulation

Title of Regulation: 4VAC15-50. Game: Bear (amending 4VAC15-50-11, 4VAC15-50-70, 4VAC15-50-110, 4VAC15-50-120; adding 4VAC15-50-12).

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

Public Hearing Information:

June 13, 2013 - 9 a.m. - Department of Game and Inland Fisheries, 4000 West Broad Street, Richmond, VA

Public Comment Deadline: May 31, 2013.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4010 West Broad Street, Richmond, VA 23230, telephone [phone], or email [e-mail].

Summary:

The proposed amendments (i) adjust the bear hunting season in a number of counties or portions of counties; (ii) establish a youth and apprentice hunter statewide bear hunting day; (iii) eliminate an outdated provision pertaining to physical disability and use of crossbows; (iv) update the description of a border for allowable bear hound hunting in one county; and (v) add one to two weeks of bear hound training season in multiple counties or locations.

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

A. It shall be lawful to hunt bears within:

Location	Season
Accomack County	Closed
Albemarle County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Alleghany County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Amelia County	Second First Monday in December and for 5 consecutive hunting days following.
Amherst County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Appomattox County	Second First Monday in December and for 5 consecutive hunting days following.
Arlington County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Augusta County (North of US-250)	Saturday prior to the fourth Fourth Monday in November through the first Saturday in January, both dates inclusive.
Augusta County (South of US-250)	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Bath County	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 in November through the first Saturday in January, both dates inclusive.
Botetourt County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Brunswick County	Second First Monday in December and for 5 consecutive hunting days following.
Buchanan County	First Monday in December and for 17 consecutive hunting days following through the first Saturday in January, both dates inclusive.
Buckingham County	Second First Monday in December and for 5 consecutive hunting days following.
Campbell County	Second First Monday in December 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 17 consecutive hunting days following.
Charles City County	Second First Monday in December and for 5 consecutive hunting days following.
Charlotte County	Second First Monday in December 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 in November through the first Saturday in January, both dates inclusive.
Craig County	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	Second First Monday in December and for 5 consecutive hunting days following.
Dickenson County	First Monday in December and for 17 consecutive hunting days following through the first Saturday in January, both dates inclusive.
Dinwiddie County	Second First Monday in December and for 5 consecutive hunting days following.
Essex County	Second First Monday in December and for 5 consecutive hunting days following.
Fairfax County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Fauquier County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Floyd County	First Monday in December and for 17 consecutive hunting 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 17 consecutive hunting days following.
Frederick County	Saturday prior to the fourth Fourth Monday in November through the first Saturday in January, both dates inclusive.
Giles County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Gloucester County	Second First Monday in December 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 17 consecutive hunting days following.
Greene County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Greensville County	Second First Monday in December and for 5 consecutive hunting days following.
Halifax County	Second First Monday in December 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 17 consecutive hunting days following.
Highland County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Isle of Wight County	Second First Monday in December and for 5 consecutive hunting days following.
James City County	Second First Monday in December and for 5 consecutive hunting days following.
King and Queen County	Second First Monday in December and for 5 consecutive hunting days following.
King George County	Second First Monday in December and for 5 consecutive hunting days following.
King William County	Second First Monday in December and for 5 consecutive hunting days following.
Lancaster County	Second First Monday in December and for 5 consecutive hunting days following.
Lee County	First Monday in December and for 17 consecutive hunting days following through the first Saturday in January, both dates inclusive.
Loudoun County	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	Second First Monday in December and for 5 consecutive hunting days following.
Madison County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Mathews County	Second First Monday in December and for 5 consecutive hunting days following.
Mecklenburg County	Second First Monday in December and for 5 consecutive hunting days following.
Middlesex County	Second First Monday in December and for 5 consecutive hunting days following.
Montgomery County (southeast of I-81)	First Monday in December and for 17 consecutive hunting days following.
Montgomery County (northwest of I-81)	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	Second First Monday in December and for 5 consecutive hunting days following.
Northampton County	Closed
Northumberland County	Second First Monday in December and for 5 consecutive hunting days following.
Nottoway County	Second First Monday in December 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 in November through the first Saturday in January, both dates inclusive.
Patrick County	First Monday in December and for 17 consecutive hunting days following.
Pittsylvania County	Second First Monday in December 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	First Monday in December and for 5 consecutive hunting days following.
Prince George County	Second First Monday in December and for 5 consecutive hunting days following.
Prince William County	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 17 consecutive hunting days following.
Pulaski County (northwest of I-81)	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Rappahannock County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Richmond County	Second First Monday in December and for 5 consecutive hunting days following.
Roanoke County	Saturday prior to the fourth Fourth Monday in November through the first Saturday in January, both dates inclusive.
Rockbridge County	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Rockingham County	Saturday prior to the fourth 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 in December and for 17 consecutive hunting days following through the first Saturday in January, both dates inclusive.
Russell County (on the Channels State Forest and Clinch Mountain WMA)	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Scott County	First Monday in December and for 17 consecutive hunting days following through the first Saturday in January, both dates inclusive.
Shenandoah County	Saturday prior to the fourth 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 17 consecutive hunting days following.
Smyth County (northwest of I-81)	Fourth Monday in November through the first Saturday in January, both dates inclusive.
Southampton County	Second First Monday in December 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 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	Second First Monday in December and for 5 consecutive hunting days following.
Sussex County	Second First Monday in December and for 5 consecutive hunting days following.
Tazewell County	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 in November through the first Saturday in January, both dates inclusive.
Washington County (southeast of I-81)	First Monday in December and for 17 consecutive hunting days following.
Washington County (northwest of I-81 and east of Route 19)	Fourth Monday in November 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 in December and for 17 consecutive hunting days following.
Westmoreland County	Second First Monday in December and for 5 consecutive hunting days following.
Wise County	First Monday in December and for 17 consecutive hunting days following through the first Saturday in January, both dates inclusive.
Wythe County (southeast of I-81)	First Monday in December and for 17 consecutive hunting days following.
Wythe County (northwest of I-81)	Fourth Monday in November through the first Saturday in January, both dates inclusive.
York County	Second First Monday in December 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.

4VAC15-50-12. Youth and apprentice hunter bear hunting day.

It shall be lawful for hunters 15 years of age and under and holders of a valid apprentice hunting license, when in compliance with all applicable laws and license requirements, to hunt bears on the last Saturday in September when accompanied and directly supervised by an adult who has a valid Virginia hunting license on his person or is exempt from purchasing a hunting license. Adult hunters accompanying youth or apprentice bear hunters on this day may not carry or discharge weapons. Bear bag limit, weight limits, and all other take restrictions specifically provided in the sections appearing in this chapter apply to this youth day. Bear hunting with dogs is prohibited except any place where there is a bear hound training season currently in progress as defined in 4VAC15-50-120 (Bear hound training season) and tracking dogs as defined in § 29.1-516.1 of the Code of Virginia may be used.

4VAC15-50-70. Bow and arrow hunting.

A. It shall be lawful to hunt bear during the special archery season with bow and arrow from the first Saturday in October through the Friday prior to the third Monday in November, both dates inclusive.

B. It shall be unlawful to carry firearms while hunting with bow and arrow during the special archery seasons, except that a muzzleloading gun, as defined in 4VAC15-50-71, may be in the possession of a properly licensed muzzleloading gun hunter when and where the early special archery bear season overlaps the early special muzzleloading bear season.

C. Arrows used for hunting big game must have a minimum width head of 7/8 of an inch and the bow used for such hunting must be capable of casting a broadhead arrow a minimum of 125 yards.

D. It shall be unlawful to use dogs when hunting with bow and arrow from the second Saturday in October through the Saturday prior to the second Monday in November, both dates inclusive, except that tracking dogs as defined in § 29.1-516.1 of the Code of Virginia may be used.

E. It shall be lawful for persons with permanent physical disabilities, who are in full compliance with the requirements of 4VAC15-40-20 B, to hunt bear subject to the provisions of subsections A through D of this section. For the purpose of the application of subsections A through D to this subsection the phrase "bow and arrow" includes crossbow.

4VAC15-50-110. Use of dogs in hunting bear.

A. It shall be unlawful to use dogs for the hunting of bear during the open season for hunting deer in the counties west of the Blue Ridge Mountains and in the counties of Amherst (west of U.S. Route 29) Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the town of Amherst continuing north on U.S. 29 to the Tye River), Bedford, and Nelson (west of Route 151); and within the boundaries of the national forests, except that tracking dogs as defined in § 29.1-516.1 of the Code of Virginia may be used.

B. It shall be unlawful to use dogs for the hunting of bear during the first 12 hunting days of the open season for hunting deer in the counties of Greene and Madison, except that tracking dogs as defined in § 29.1-516.1 of the Code of Virginia may be used.

C. It shall be unlawful to use dogs for the hunting of bear in the counties of Campbell (west of Norfolk Southern Railroad), Carroll (east of the New River), Fairfax, Floyd, Franklin, Grayson (east of the New River), Henry, Loudoun, Montgomery (south of Interstate 81), Patrick, Pittsylvania (west of Norfolk Southern Railroad), Pulaski (south of Interstate 81), Roanoke (south of Interstate 81), Wythe (southeast of the New River or that part bounded by Route 21 on the west, Interstate 81 on the north, the county line on the east, the New River on the southeast and Cripple Creek on the south); in the city of Lynchburg; and on Amelia, Chester F. Phelps, G. Richard Thompson, and Pettigrew wildlife management areas, except that tracking dogs as defined in § 29.1-516.1 of the Code of Virginia may be used.

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

A. Except as otherwise specifically provided in the sections appearing in this chapter, it It shall be lawful to chase black bear with dogs, without capturing or taking, from the second Saturday in August 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, Carroll, Charles City, Charlotte, Chesterfield, Clarke, Cumberland, Dinwiddie, Essex, Fairfax, Fauquier, Floyd, Fluvanna, Franklin, Frederick, Gloucester, Goochland, Grayson, Greensville, Halifax, Hanover, Henrico, Henry, Isle of Wight, James City, King & Queen, King George, King William, Lancaster, Loudoun, Louisa, Lunenburg, Mathews, Mecklenburg, Middlesex, Montgomery (south of Interstate 81), New Kent, Northampton, Northumberland, Nottoway, Orange, Patrick, Pittsylvania, Powhatan, Prince Edward, Prince George, Prince William, Pulaski (south of Interstate 81), Richmond, Roanoke (south of Interstate 81), Smyth (south of Interstate 81), Southampton, Spotsylvania, Stafford, Surry, Sussex, Washington (south of Interstate 81), Westmoreland, Wythe (south of Interstate 81), and York, and in the cities of Hampton, Newport News and Norfolk, from the second Saturday in August through the last Saturday in September.

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 through the Saturday prior to the first Monday in December, 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, and Mathews, Mecklenburg, from the first Monday in December for five consecutive hunting days following, both dates inclusive 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, Greensville, Lunenburg, and Mecklenburg from the first Saturday in September through the third Saturday in September, both dates inclusive.

C. D. 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. R13-3719; Filed May 1, 2013, 9:43 a.m.