4VAC15-260 Game: Waterfowl and Waterfowl Blinds

REGULATIONS

Vol. 31 Iss. 20 - June 01, 2015

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF GAME AND INLAND FISHERIES

Chapter 260

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: 4VAC15-260. Game: Waterfowl and Waterfowl Blinds (amending 4VAC15-260-10).

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

Public Hearing Information:

June 2, 2015 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228

Public Comment Deadline: May 22, 2015.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone [phone] or email [e-mail].

Summary:

The proposed amendments require each side of a stationary waterfowl blind located in the public waters to be marked with 100 square inches of white, reflective material, at least three feet above the high water mark. However, this requirement is not in effect when the blind actually is being used for hunting.

4VAC15-260-10. "Floating blind" and "stationary blind" defined; reflector requirement for stationary blinds in public waters.

"Floating blind" means a floating device, whether in motion or anchored, that can be occupied by and conceal one or more hunters, uses a means of concealment other than the device's paint or coloration, and is used in the public waters for the purpose of hunting and shooting waterfowl.

"Stationary blind" means a structure erected at a fixed location either on the shores of the public waters or in the public waters for the purpose of hunting and shooting waterfowl. A stationary blind shall be (i) of such size and strength that it can be occupied by and conceal one or more hunters or (ii) large enough to accommodate and conceal a boat or skiff from which one or more hunters intend to hunt or shoot waterfowl.

Stationary blinds located in the public waters must be marked on each side with at least 100 square inches of clearly visible, white-colored reflective material attached at least three feet above the high water mark. The requirement for reflective material on stationary blinds is not in effect while the stationary blind is actually being used for hunting.

All such devices and structures shall come within the provisions of the laws for hunting waterfowl, which require that blinds be licensed.

VA.R. Doc. No. R15-4405; Filed May 13, 2015, 7:28 a.m.