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DRAFT MINUTES
BOARD OF GAME
AND INLAND FISHERIES MEETING
4000 WEST BROAD STREET
RICHMOND, VIRGINIA
MARCH 6, 2003,
9:00 A.M.
PRESENT:
Charles G.
McDaniel, Chairman, Richard L. Corrigan, Vice Chairman, Dan
Hoffler, Jimmy Dean, Richard E. Railey, Jr., Will McNeely, Sherry
S. Crumley, Jack T. Shoosmith, Dan R. McCoy, Chuck Cunningham, ABSENT: Cecil T. Campbell, schedule conflict. LEGAL COUNSEL:
Roger Chaffe, DIRECTOR: William L.
Woodfin, Jr.; SENIOR STAFF:
Ray Davis, Bob Duncan, Herb Foster, Gary Martel,
Charlie Sledd, Jeff Uerz, David Whitehurst
Chairman
McDaniel called the meeting to order at 9:00 a.m.
In open
session at 9:05 a.m., Ms.
Crumley moved, seconded by Mr. Corrigan, passed unanimously, that
the Board go into a closed session pursuant to § 2.2-3711.A.3 of
the Code of Virginia for discussion or consideration of the
acquisition of real property for a public purpose, or of
disposition of publicly held property with respect to a surplus
declaration and subsequent sale for the property known as the
Staunton Field Office in Augusta County.
At 9:10 a.m., Ms.
Crumley certified, seconded by Mr. Railey, passed unanimously that
whereas the Board of Game and Inland Fisheries had convened a
closed meeting on this date pursuant to an affirmative recorded
vote and in accordance with the provisions of the Virginia Freedom
of Information Act, and whereas § 2.2-3712.D of the Code requires
a certification by this Board that such closed meeting was
conducted in conformity with Virginia law, now, therefore, be it
resolved that the Board of Game and Inland Fisheries hereby
certifies that (i) to the best of each member’s knowledge, only
public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting
to which this certification resolution applies, and (ii) only such
public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the
Board.
Mr.
McNeely moved, seconded by Mr. Shoosmith, passed unanimously, that
the Board authorize the Director to proceed, according to §
2.2-1153 with a surplus declaration for the property known as the
Staunton Field Office, tax parcel # 54A(2), Block 9, Lot 11,
Augusta County, Virginia and further that the Director pursue the
sale of the property pursuant to applicable state procedures.
PUBLIC
COMMENTS: NON-AGENDA
ITEMS: Chairman
McDaniel requested that individuals limit their comments to three
minutes. Individuals
representing groups were requested to limit comments to five
minutes.
PETE
DAVIS, representing the Goshen Alliance and Rockbridge Area
Conservation Council, Lexington, VA spoke
in support of SB 786 and requested the
Board to accept public comments regarding the management of the
Departments wildlife management areas, particularly the Goshen
Little North Mountain WMA.
ALVIN
ESTEP, representing the Western Virginia Deer Hunters Association,
Fulks Run, VA presented
a $1,000 check from the Association to the Director and Bob Duncan
for the Department to use for any youth oriented program.
RECOGNITION
OF EMPLOYEES AND OTHERS: Colonel
Herb Foster introduced Game Warden of the Year Chris Thomas. The
previous recipients of this award selected Sergeant Thomas for
this honor. His peers
are honoring him for his outstanding work as a game warden and for
his work in his local community.
Colonel Foster
introduced Lieutenant Steve Pike and Game Warden John Hopkins,
III. Upon hearing a call for help to locate a missing five-year
old in Spotsylvania County on April 1, 2002, these officers
volunteered to assist. They
had just completed tracking school as a part of their SLAP team
training. They were
able to locate the youngster, Justin Smith, as nightfall was
approaching, using skills they had just learned in the course. He
had been lost in the woods for approximately nine hours.
Gary Martel
introduced Mike Thacker. Mr.
Thacker recently retired from American Electric Power.
During his career with AEP Mr. Thacker was very supportive
of the Department and pro-actively worked to benefit its
constituents by developing water level management techniques.
He was presented with an appreciation plaque for his work.
Charlie Sledd
recognized the Department’s media staff, Lee Walker, Mel White
and Ron Messina. They received the Telly Silver award for a video
produced for use at the National Association of State Boating Laws
Association conference. They
received the bronze Telly for a video series entitled “A Look
Outside, The Great Backyard Bird Count”.
A moment of
silence was observed in memory of Biggy Hunt from South Boston,
Virginia, an avid sportsman and member of Ducks Unlimited, and for
Dr. Patrick Scanlon, a Wildlife and Fisheries Professor at
Virginia Tech.
MINUTES
OF MEETING: The
minutes of the October 24, 2002 Board meeting were distributed to
members with the briefing materials.
The Chairman called for additions or corrections to the
minutes. As there was
none, Mr. Railey moved,
seconded by Ms. Crumley, passed unanimously, that the minutes be
approved as written.
WILDLIFE
REGULATION PROPOSALS: Using
power point, Bob Duncan presented the following staff
recommendations for wildlife regulation proposals to be approved
by the Board for statewide advertisement for public comment.
Board members were reminded that any private comments
received on the regulation proposals must be declared at the May
Board meeting in order to comply with Freedom of Information Act
requirements.
TURKEY:
Amend 4 VAC 15-240-31 to
increase the fall turkey hunting season by six hunting days in the
counties of Charles City, Gloucester, James City, King George,
Lancaster, Middlesex, New Kent, Northumberland, Richmond,
Westmoreland, and York (except on Camp Peary) and include Mathews
County which was previously closed.
Amend
4 VAC 15-240-50 to
remove Mathews County from the counties that are closed to fall
turkey hunting.
Amend
4 VAC 15-240-40 to add
youth hunting opportunities with a special youth spring gobbler
season day on the first Saturday in April and to allow the hunting
of turkeys from ½ hour before sunrise to 6:00 p.m. on the last 12
days of the spring season.
DEER:
Amend 4 VAC 15-90-10 to
change the opening day of the general firearms deer season from
the third Monday in November to the Saturday prior to the third
Monday in November.
Amend
4 VAC 15-90-20 to (i)
establish the opening date for general firearms deer season as the
Saturday prior to the third Monday in November and add one more
hunting day at the end of the season, (ii) add towns as localities
that will have the firearms deer season and, (iii) remove the
counties of Franklin, Henry, Pittsylvania (west of Norfolk
Southern Railroad) and the Fairystone Farms Wildlife Management
Area, Fairystone State Park and Philpott Reservoir from the
two-week general firearms deer season.
Amend
4 VAC 15-90-21 to (i)
establish the opening date of the general firearms deer season as
the Saturday prior to the third Monday in November and add one
more hunting day at the end of the season, (ii) add towns as
localities that will have the firearms deer season, and (iii) add
the counties of Franklin, Henry, and Pittsylvania (west of Norfolk
Southern Railroad) to the four-week general firearms deer season.
Amend
4 VAC 15-90-70 to (i)
end the early archery season on the Friday prior to the third
Monday in November, (ii) add towns as localities that will have
the archery seasons, (iii) establish a late special archery season
on the Chester F. Phelps Wildlife Management Area, (iv) extend the
time frame for the special urban archery season to include the
Monday following the first Saturday in January through the last
Saturday in March, both dates inclusive, to those cities, towns
and counties participating in the urban archery program, (v) allow
for a one-time notification of intent to participate or not to
participate in the urban deer archery season, and (vi) remove the
sunrise clause since the season is now in effect.
Amend
4 VAC 15-90-80 to (i)
establish the opening date of the early muzzleloading gun season
as the Saturday prior to the first Monday in November and the
ending date as the Friday prior to the third Monday in November
east of the Blue Ridge Mountains except on national forest lands
in Amherst, Bedford and Nelson counties and in the cities of
Chesapeake, Suffolk (east of the Dismal Swamp line) and Virginia
Beach, (ii) add towns as localities that will have the
muzzleloading seasons, (iii) allow deer of either sex to be taken
during the entire early special muzzleloading season on
Occoneechee State Park in Mecklenburg County, (iv) establish the
opening date of the early muzzleloading gun season as the Saturday
prior to the second Monday in November and the ending date as the
Friday prior to the third Monday in November west of the Blue
Ridge Mountains and on national forest lands in Amherst, Bedford,
and Nelson counties, (v) add the City of Virginia Beach to the
last special muzzleloading season, (vi) establish full season
either-sex deer hunting during the early and late special
muzzleloading seasons in Floyd County and on private lands in
Roanoke County, (vii) re-establish an either-sex deer hunting day
on national forest lands in Frederick, Page, Rockingham,
Shenandoah, and Warren counties during the early special
muzzleloading season, and (viii) establish full season either sex
muzzleloading deer seasons within the incorporated limits of any
city or town in the Commonwealth that allows deer hunting except
in the cities and towns in Buchanan, Dickenson, and Wise counties
and the cities of Chesapeake, Suffolk, and Virginia Beach.
Amend
4 VAC 15-90-90 to (i)
increase the bag limit on deer east of the Blue Ridge Mountains
effective July 1, 2004 from four a license year to six and
increase the number of antlerless only tags from one to three,
(ii) increase the bag limit on deer west of the Blue Ridge
Mountains and on national forest lands in Amherst, Bedford, and
Nelson counties effective July 1, 2004 from three to five a
license year and increase the number of antlerless tags from one
to three, (iii) clarify that all youth hunters 15 years of age and
under, whether exempt or non-exempt from license requirements,
resident or non-resident, can take one antlerless deer per license
year on days other than designated either sex deer hunting days
and further removes the reference to the use of a specific tag.
Amend
4 VAC 15-90-100 to (i)
strike the wording “including cities within” from this
section, (ii) remove Alleghany, Augusta, Bath, Bland, Carroll,
Craig, Giles, Highland, Pulaski, Rockbridge, and Wythe counties
from this section and add them to 4 VAC 15-90-190, which will
increase the number of either-sex deer hunting days on private
lands in these counties from three days to seven days, (iii) add
Lee, Russell, Smyth, Tazewell, and Washington counties to this
section which will increase the number of either-sex deer hunting
days on private lands in these counties from two days to three
days, and (iv) add national forest and department-owned lands in
Alleghany, Augusta, Bath, Bland, Botetourt, Carroll, Craig, Giles,
Highland, Montgomery, Pulaski, Roanoke, Rockbridge, and Wythe
counties to this section which will increase either-sex deer
hunting days on these public lands from one or two days to three
days.
Amend
4 VAC 15-90-110 to (i)
strike the wording “including cities within” from the section,
(ii) remove Lee, Russell, Smyth, Tazewell, and Washington counties
from this section and add them to 4 VAC 15-90-100, which will
increase the number of either-sex deer hunting days on private
lands in these counties from two days to three days, (iii) remove
Scott County from this section and add it to 4 VAC 15-90-190 which
will increase the number of either-sex deer hunting days on
private lands in the county from two days to seven days, (iv)
remove national forest lands and department-owned lands in
Alleghany, Augusta, Bath, Bland, Botetourt, Carroll, Giles,
Highland, Montgomery, Pulaski, Roanoke, Rockbridge, and Wythe
counties from this section and add them to 4 VAC 15-90-100, which
will increase the number of either-sex deer hunting days on these
public lands in these counties from two days to three days, (v)
add national forest lands in Frederick, Grayson, Page, Rockingham,
Shenandoah, Smyth, Tazewell, Washington, and Warren counties and
the Clinch Mountain Wildlife Management Area and Hidden Valley
Wildlife Manage Area and portions of Grayson-Highlands State Park
open to hunting to this section which will increase the number of
either-sex deer hunting days on these public lands from one day to
two days.
Amend
4 VAC 15-90-120 to
remove the City of Suffolk east of the Dismal Swamp line (except
on the Dismal Swamp National Wildlife Refuge) from this section
and add it to a new section 4 VAC 15-90-121 which will increase
the number of either-sex deer hunting days from six days to eight
days. It will not
affect the either-sex deer hunting days on the Dismal Swamp NWR.
Add
4 VAC 15-90-121 to increase the number of either-sex deer hunting days in the City of
Suffolk east of the Dismal swamp line (except on the Dismal Swamp
National Wildlife Refuge) from the last six days either-sex to the
first two Saturdays and last six days by creating this new
section. It will not affect the either-sex deer hunting days on the
Dismal Swamp NWR.
Amend
4 VAC 15-90-141 to (i)
strike the wording “including cities within” from the section,
and (ii) remove Chesterfield County from this section and add it
to 4 VAC 15-90-195 which will increase the number of either-sex
deer hunting days in the county from four days to eight days.
Amend
4 VAC 15-90-160 to (i)
add Botetourt and Grayson counties to this section which will
increase the number of either-sex deer hunting days on private
land in these counties from seven days to full season, (ii) add
Clarke County, and private land in Frederick County to this
section which will increase the number of either-sex deer hunting
days in these counties from 27 days to full season, (iii) add
Fauquier County to this section which will increase the number of
either sex deer hunting days on private land in the county from 14
days to full season, (iv) remove Greensville and Southampton
counties from this section and add them to 4 VAC 15-90-200 which
will decrease the number of either-sex days in these counties from
full season to 27 days, (v) add Montgomery County to this section
which will increase the number of either-sex deer hunting days on
private land from seven days to full season, (vi) add Northampton
County to this section which will increase the number of
either-sex deer hunting days in the county from 27 days to full
season, (vii) establish full season either-sex deer hunting in the
City of Richmond, and (viii) establish a full season, either-sex
general firearms deer season within all incorporated cities and
town in the Commonwealth, where deer hunting is allowed.
Amend
4 VAC 15-90-170 to (i)
remove national forest land in Frederick, Grayson, Page,
Shenandoah, Smyth, Rockingham, Tazewell, Washington, and Warren
counties and the Clinch Mountain and Hidden Valley WMA’s and
portions of Grayson-Highlands State Park open to hunting from this
section and add them to 4 VAC 15-90-110 which will increase the
number of either-sex deer hunting days on these public lands from
one day to two days, and (ii) remove national forest land in Craig
County from this section and add it to 4 VAC 15-90-100 which will
increase the number of either-sex deer hunting days on public land
in the county from one day to three days.
Amend
4 VAC 15-90-190 to (i)
strike the wording “including cities within” from the section;
(ii) remove Botetourt and Grayson counties from this section and
add them to 4 VAC 15-90-160 which will increase the number of
either-sex deer hunting days on private land in these counties
from seven days to full season, (iii) remove Mathews and Middlesex
counties from this section and add them to 4 VAC 15-90-195, which
will increase the number of either-sex deer hunting days in these
counties from seven days to eight days, (iv) add Alleghany,
Augusta, Bath, Bland, Carroll, Craig, Giles, Highland, Pulaski,
Rockbridge, and Wythe counties to this section which will increase
the number of either-sex deer hunting days on private lands in
these counties from three days to seven days, and (v) add Scott
County to this section which will increase the number of
either-sex deer hunting days on private land in these counties
from two days to seven days.
Amend
4 VAC 15-90-195 to (i)
strike the wording “including cities within” from the section,
(ii) add Chesterfield County to this section which will increase
the number of either-sex deer hunting days in these counties from
four days to eight days, (iii) remove Essex and Richmond counties
from this section and add them to 4 VAC 15-90-210 which will
increase the number of either-sex deer hunting days in these
counties from eight days to 14 days, and (iv) add Mathews and
Middlesex counties to this section which will increase the number
of either-sex deer hunting days in these counties from seven days
to eight days.
Amend
4 VAC 15-90-200 to (i)
strike the wording “including cities within” from the section,
(ii) remove Clarke and Frederick counties from this section and
add them to 4 VAC 15-90-160 which will increase the number of
either-sex deer hunting days from 27 to full season, (iii) add
Albemarle County to this section which will increase the number of
either-sex deer hunting days in the county from 14 days to 27
days, (iv) add Greensville and Southampton counties to this
section which will decrease the number of either-sex deer hunting
days in the counties from full season to 27 days, (v) remove
Northampton County from this section and add it to 4 VAC 15-90-160
which will increase the number of either-sex deer hunting days in
the county from 27 to full season either sex.
Amend
4 VAC 15-90-210 to (i)
strike the wording “including cities within” from the section,
(ii) remove Albemarle County from this section and add it to 4 VAC
15-90-200 which will increase the number of either-sex deer
hunting days in the county from 14 days to 27 days, (iii) remove
Fauquier County from this section and add it to 4 VAC 15-90-160
which will increase the number of either-sex deer hunting days in
the county from 14 days to full season, and (iv) add Essex and
Richmond counties to this section which will increase the number
of either-sex deer hunting days in these counties from eight days
to 14 days.
Amend
4 VAC 15-90-220 to add
towns as localities within the counties of Buchanan, Dickenson and
Wise that will have a buck only firearms deer season.
BEAR:
Rescind 4 VAC 15-50-30 to
expand bear hunting in the Commonwealth.
Amend
4 VAC 15-50-70 to expand
the bear archery season to a statewide season from the first
Saturday in October through the Friday prior to the third Monday
in November.
Add
4 VAC 15-50-New to (i) establish a muzzleloading gun season on black bear from the
Tuesday prior to the third Monday in November and for three
consecutive hunting days following, except in the counties of
Amherst, Augusta (east of Interstate 81 and south of Interstate
64), Bedford, Bland, Botetourt (east of Interstate 81), Buchanan,
Campbell (west of Norfolk Southern Railroad), Carroll, Craig,
Dickenson, Floyd, Franklin, Giles, Grayson, Henry, Lee,
Montgomery, Nelson, Patrick, Pittsylvania (west of Norfolk
Southern Railroad), Pulaski, Roanoke, Rockbridge (east of
Interstate 81), Russell, Scott, Smyth, Tazewell, Washington, Wise
and Wythe, (ii) prohibit the use of dogs during the bear
muzzleloading gun season, (iii) define a muzzleloading gun for the
purpose of this section, and (iv) prohibit the possession of other
firearms during the muzzleloading gun season.
Amend
4 VAC 15-50-10 to except
out of the general firearms bear season the identified 55 counties
and three cities.
Amend
4 VAC 15-50-20 to
establish an open hunting season on bear in 21 counties or
portions of counties, as described, from the first Monday in
December and for 11 consecutive hunting days following and to
remove the unnecessary reference to the Clinch Mountain and Hidden
Valley Wildlife Management Areas.
Amend
4 VAC 15-50-25 to
include the City of Virginia Beach in the open season for hunting
bear as found in the cities of Chesapeake and Suffolk.
Amend
4 VAC 15-50-110 to (i)
remove Campbell and Pittsylvania counties from subsection A and
add them to subsection C that makes it unlawful to use dogs for
bear hunting at anytime in these counties, (ii) makes it unlawful
to hunt bear with dogs at any time in the counties of Campbell
(west of Norfolk Southern Railroad), Carroll, Floyd, Franklin,
Grayson (east of Route 21), Henry, Montgomery (south of Interstate
81), Patrick, Pittsylvania (west of Norfolk Southern Railroad),
Pulaski (south of Interstate 81), Roanoke (south of a continuous
line formed by Route 785, Route 311 and Route 779), and Wythe
(that part east of Route 21 which is south of Interstate 81).
Amend
4 VAC 15-50-120 to
delineate the counties and cities where bear hound training season
(chase) is prohibited.
TAGGING
AND CHECKING: Amend 4
VAC 15-50-80 to make
this section not effective after June 30, 2004. Section 4 VAC 15-50-81 is being recommended to govern tagging
of bear commencing July 1, 2004.
Add
4 VAC 15-50-81 to (i) establish a new validation system for tagging bear by notching
the appropriate bear tag instead of detaching the tag, (ii)
provide for the checking of a bear carcass using the validated
notched tag, (iii) specify when check cards need to be attached to
the harvested bear, (iv) allow hunters to dismember a bear carcass
to pack it out from the place of kill after properly validating
the kill, (v) provide for mistakenly validated tags, and (vi)
delay the effective date of this new section until July 1, 2004.
Amend
4 VAC 15-50-90 to make
this section not effective after June 30, 2004.
Section 4 VAC 15-50-91 is being recommended to govern
tagging of bear commencing July 1, 2004.
Add
4 VAC 15-50-91 to (i) establish the procedures for checking bear by persons exempt from
holding a license, (ii) prohibit the destruction of the sex
identification and allow dismemberment of a bear carcass to pack
it out from a place of kill, and (iii) delays the effective date
of this section until July 1, 2004.
Amend
4 VAC 15-90-230 to make
this section not effective after June 30, 2004.
Section 4 VAC 15-50-231 is being recommended to govern
tagging of deer commencing July 1, 2004.
Add
4 VAC 15-90-231 to (i) establish a new validation system for tagging deer by notching
the appropriate deer tag instead of detaching the tag, (ii)
establish a telecheck system to report the harvest of deer and
describes the procedures for properly checking the deer through
the telecheck system, (iii) specify when check cards or other
written documentation need to be attached to the harvested deer,
(iv) allow hunters to dismember a deer carcass to pack it out from
the place of kill after properly validating the kill, (v) provide
for mistakenly validated tags, and (vi) delay the effective date
of this new section until July 1, 2004.
Amend
4 VAC 15-90-240 to make
this section not effective after June 30, 2004.
Section 4 VAC 15-50-241 is being recommended to govern
tagging of deer commencing July 1, 2004.
Add
4 VAC 15-90-241 to (i) establish the provisions for a person exempt from a hunting
license or holding a license authorization number issued by
telephone to report a harvested deer through the department’s
telecheck system or at a check system, (ii) prohibit the
destruction of the sex identification and allows dismemberment of
a deer carcass to pack it out from the place of kill, and (iii)
delay the effective date of this new section until July 1, 2004.
Amend
4 VAC 15-240-80 to make
this section not effective after June 30, 2004.
Section 4 VAC 15-240-81 is being recommended to govern
tagging of bear commencing July 1, 2004.
Add
4 VAC 15-240-81 to (i) establish a new validation system for tagging turkey by notching
the appropriate turkey tag instead of detaching the tag on the
bear, deer, turkey license, (ii) establish a telecheck system to
report the harvesting of a spring turkey and describes the
procedures for properly checking a spring turkey through the
telecheck system, (iii) specify when check cards or other written
documentation need to be attached to the harvested turkey, (iv)
provide for mistakenly validated tags, and (v) delay the effective
date of this new section until July 1, 2004.
Amend
4 VAC 15-240-90 to make
this section not effective after June 30, 2004.
Section 4 VAC 15-240-91 is being recommended to govern
tagging of turkey commencing July 1, 2004.
Add
4 VAC 15-240-91 to (i) establish the provisions for a person exempt from a hunting
license or holding a license authorization number issued by
telephone to report a harvested spring turkey through the
department’s telecheck system, (ii) describe the proper
processing of a turkey carcass via telecheck or at a check
station, (iii) prohibit destruction of the turkey sex
identification prior to checking for these license-exempt hunters,
and (iv) delay the effective date of this new section until July
1, 2004.
RACCOON
and OPOSSUM: Amend 4
VAC 15-210-30 to provide
for a uniform hunting season for raccoon by rescinding the
reference to east of the Blue Ridge Mountains.
Rescind
4 VAC 15-210-40 to
provide for a uniform hunting season for raccoon by rescinding the
open season west of the Blue Ridge Mountains and on national
forest lands east of the Blue Ridge Mountains.
Amend
4 VAC 15-160-10 to
provide for a uniform statewide hunting season of opossum by
rescinding the reference to east of the Blue Ridge Mountains.
Rescind
4 VAC 15-160-20 to
provide for a uniform statewide hunting season for opossum by
rescinding the open season west of the Blue Ridge Mountains and on
national forest lands east of the Blue Ridge Mountains.
TRAPPING
SEASONS and METHODS: Amend
4 VAC 15-60-20 to
establish a continuous open trapping season for beaver within
incorporated limits of any city or town in the Commonwealth and in
the counties of Arlington, Chesterfield, Fairfax, Henrico, James
City, Loudoun, Prince William, Spotsylvania, Stafford, Roanoke and
York.
Amend
4 VAC 15-140-20 to
establish a continuous open trapping season for muskrat within
incorporated limits of any city or town in the Commonwealth and in
the counties of Arlington, Chesterfield, Fairfax, Henrico, James
City, Loudoun, Prince William, Spotsylvania, Stafford, Roanoke and
York.
Amend
4 VAC 15-160-31 to
establish a continuous open trapping season for opossum within
incorporated limits of any city or town in the Commonwealth and in
the counties of Arlington, Chesterfield, Fairfax, Henrico, James
City, Loudoun, Prince William, Spotsylvania, Stafford, Roanoke and
York.
Amend
4 VAC 15-210-51 to
establish a continuous open trapping season for raccoon within
incorporated limits of any city or town in the Commonwealth and in
the counties of Arlington, Chesterfield, Fairfax, Henrico, James
City, Loudoun, Prince William, Spotsylvania, Stafford, Roanoke and
York.
Amend
4 VAC 15-40-230 to
clarify the ending date when traps may be set in the waters of the
Commonwealth and establishes a year-round time period for setting
traps in waters within the incorporated limits of cities and towns
in the Commonwealth and in the counties of Arlington,
Chesterfield, Fairfax, Henrico, James City, Loudoun, Prince
William, Spotsylvania, Stafford, Roanoke, and York, unless
prohibited by local ordinances.
Rescind
4 VAC 15-140-40 to
rescind the regulation restricting the setting of traps on a stob,
float or floating device for capturing muskrat.
SMALL
GAME: Amend 4 VAC
15-230-20 to make the
opening date of squirrel season uniform statewide by changing the
opening date from the second Saturday in October to the first
Saturday in September.
Rescind
4 VAC 15-230-30 since it
is unnecessary with the establishment of a statewide season
opening date for squirrel season in 4 VAC 15-230-20.
Amend
4 VAC 15-230-60 to (i)
add the counties of Alleghany, Augusta, Bath, Clarke, Fauquier,
Frederick, Highland, Loudoun, Page, Rappahannock, Rockbridge,
Rockingham, Shenandoah, and Warren to this section which will
change the opening date of the fox squirrel hunting season in
these counties to the first Saturday in September, (ii) establish
a fox squirrel hunting season in Culpeper, Madison and Orange
counties that were previously closed, and (iii) to close fox
squirrel hunting in Fairfax County.
Rescind
4 VAC 15-230-70 to
provide for a uniform open season date on fox squirrels by
rescinding this section and adding the identified counties, except
Fairfax, to 4 VAC 15-230-60 which establishes an opening date of
the first Saturday in September.
Lt. Steve Pike
and Sgt. Steve Shires were requested to provide a power point
presentation on bear baiting.
The SLAP team conducted a special law enforcement operation
that focused on illegal bear feeding sites on national forest
lands. They noted
also that it is illegal to hunt over these sites.
This presentation focused on the methods and types of
baiting stations used and provided information on
electronic/telemetry equipment being used at these sites.
The sites were designed specifically for bear use.
Bait was found to be widely used by legal and illegal bear
hunters.
GENERAL
REGULATIONS: Add 4
VAC 15-40(new) to (i)
statewide prohibit the unauthorized feeding of bear; (ii) to
prohibit chasing with dogs, hunting with dogs, and the training of
dogs on any wild animal from a baited place or to put out bait or
salt for the purpose of chasing, hunting and training of dogs on
any wild animal; (iii) prohibit the intentional crippling or
harming of non-migratory game birds or game animals for the intent
of continuing a hunt, chase or for the purpose of training dog;
(iv) make it unlawful
to dislodge an animal from a tree to further a chase or to train
dogs, and (v) to prohibit the use of telemetry equipment to aid in
the chase, harvest or capture of wildlife and provide for the
disposition of such equipment if used illegally.
PERMITS:
Amend 4 VAC 15-30-50 to
authorize persons operating under conditions of a commercial
nuisance animal permit to capture, temporarily hold or possess,
transport, release, and when necessary, humanely euthanize
wildlife, under the provisions and conditions established by the
department.
Amend
4 VAC 15-290-115 to
allow the department to authorize permitted foxhound field trials
within foxhound training preserves at anytime.
WATERFOWL:
Amend 4 VAC 15-260-120 to (i) remove the reference to old squaw ducks and replace it with
long-tailed duck, (ii) open the Pocomoke Sound during the special
sea duck season, and (iii) remove the prohibition on hunting
waterfowl within 800 yards of any shore, island, or emergent
vegetation during the special sea duck season, (iv) clarify and
simplify the sea duck season area description.
Chairman
McDaniel announced a break at 10:50 a.m. and the meeting
reconvened at 11:00 a.m.
After the
Board discussed staff recommendations for changes to wildlife
regulations, Chairman McDaniel called for public input.
BOB
STICKLEY, representing the Virginia State Chapter of the National
Wild Turkey Federation, Bridgewater,
VA, spoke in support of staff recommendations and for the
youth turkey-hunting day and the last 12-day change (hunting from
one-half hour before sunrise to 6:00 p.m.).
He felt the additional youth hunting opportunity would
benefit their JAKES activities.
GREG
PATTON, Woodstock, VA spoke
in support of most of the staff recommendations, and the proposed
Saturday opening day. He
asked that either-sex deer hunting be allowed for a Saturday and
Monday. He also asked
that the state move forward with Quality Deer Management plans
outlined in the Deer Management Plan.
DENNY
QUAIFF, representing the
Virginia Deer Hunters
Association, Richmond, VA indicated that his Board supported
the regulation package for the purpose of advertisement.
He supported the proposed Saturday opening day. Mr. Quaiff also gave
Board members a copy of the Deer Hunters survey and indicated that
the Association will fund a Virginia Tech study on the movement
and survival of free-ranging old-aged whitetail bucks.
HAL
WHITTINGTON, Strasburg, VA spoke
in support of the proposed Saturday opening for muzzleloading and
asked for either-sex deer hunting on Saturday and Monday and for a
youth hunting day for deer the Saturday before the archery season.
JOHN
STRUM, Woodstock, VA asked
that he be allowed to teach quality deer management in his outdoor
education class. He
supported the proposed Saturday opening and asked for either-sex
deer hunting days on Saturday and Monday.
KEITH
BULL, Accomack County Administrator, Accomac, VA presented
the County’s Board of Supervisors’ request to make it unlawful
to hunt deer with dogs during the first 10 days of the general
firearms deer hunting season in Accomack County, and to add 10
days to the deer season at the beginning of the season to aid with
crop damage from deer.
JEFF
ZIRKLE, New Market, VA supported
the youth-oriented hunting opportunities proposal and asked that
the Saturday opening for the muzzleloading season West of the Blue
Ridge be an either-sex day. Because
of disease concerns, he suggested that it be illegal to feed deer.
RUSSELL
HOLLAND, Powhatan, VA supported
the youth hunting proposals and the proposed Saturday opening.
ALVIN
ESTEP, representing the Western
Virginia Deer Hunters Association, Fulks Run, VA supported the
proposed youth initiatives and he expressed concern about the
added hunting days on national forest lands in Rockingham County.
LYNN
CARROLL, Salem, VA asked
that it be illegal to hunt bear with dogs in Roanoke County.
He indicated that Roanoke County residents are experiencing
problems associated with bear dogs.
HAROLD
HANN, Salem, VA spoke in
support of eliminating bear hunting with dogs in Roanoke County.
DAVID
SHELOR, Salem, VA supported
staff recommendations to rescind bear hunting with dogs in Roanoke
County.
DAVID
FISHER, Mt. Crawford, VA supported
staff recommendations to make it illegal to bait bear on private
lands, statewide. He
asked that it also be illegal to feed deer and turkey.
DANNY
THORN, representing the Virginia Bear Hunters Association,
Blacksburg, VA stated
that VBHA members are not involved in illegal bear hunting
activities. He asked
for increased enforcement efforts to deter bear baiting and he
supported the proposed bear archery season.
He was concerned about the recommendation for a statewide
4-day muzzleloading season. He
felt that two days might be more appropriate to provide an
opportunity to evaluate kill harvest data.
He felt that the full archery season and the four-day
muzzleloading season may be too liberal. Mr. Thorn also asked that
the chase season be extended from the last Saturday in August to
the last day in September.
JAMES
GRAVES, JR., Syria, VA asked
that the dog-training season be extended into July and August to
address bear damage to orchards.
KEITH
GRUBBS, representing the
Troublesome Creek Hunt Club, Chesapeake, VA supported the proposed
bear archery and muzzleloading seasons in Buckingham County.
ROBERT
BAKER, Midlothian, VA supported
the proposed bear muzzleloading and archery seasons in Buckingham
County.
NICK NIXON, representing the Bucks Only Hunt Club,
Louisa, VA supported the proposed archery season for bear in
Buckingham County.
RUSSELL
BAKER, representing
the Dead End Road Hunt
Club, Keysville, VA supported the proposed muzzleloading and
archery seasons for bear in Buckingham County.
LARRY
BAKER, representing the
Coon Hill Hunt Club, Farmville, VA supported staff
recommendations for the bear-hunting season. He expressed concern
about state code allowing individuals to go into private property
to retrieve dogs. He
opposed dog hunting.
GEORGE
HAGGERTY, representing the Rack-Em-Up
Hunt Club, Dillwyn, VA supported staff recommendations for
bear seasons. He also
suggested that the hunting laws digest contain information on
enforcement activities.
ED
JONES, Elkton, MD supported
staff recommendations for a bear season in Buckingham County.
EARL
HANNA, Lyndhurst, VA declined
to comment.
JAMES
MASSIE, representing the
United Eastern Virginia Coonhunters Association, Madison Heights, VA supported
staff recommendations for a uniform statewide raccoon field trial
season. He asked the
Board to allow a year-round chase season to allow for increased
youth participation in field trials.
He was concerned about using the term “radio telemetry”
in regulation proposals being prohibited during chase and hunting.
DAVID
SEXTON, representing the
Southwest Virginia Coon Hunters Federation, Oakwood, VA requested
the Board to allow a year-round field trial season for raccoon.
WILLIAM
LIPSCOMB, West Point, VA was
not present when recognized.
H.
PRESTON DISCOLL,
representing the
Virginia Trappers
Association, Roanoke, VA asked for an otter-trapping season
West of the Blue Ridge. He
supported the proposed muskrat regulation change.
STEVE
D. BROWN, JR., Hopewell, VA requested
a February rabbit-hunting season and suggested that a September
rabbit season be allowed.
JOHN
PRICE, Hopewell, VA requested
a February rabbit-hunting season.
He supported staff recommendations and suggested that the
season not open until the third week in November to provide
increased hunting opportunities.
WILLIAM
TEMPLE, Spring Grove, VA requested
that the rabbit season opening be moved perhaps to December and
that a February rabbit-hunting season be provided.
COY
HARVILLE, representing the
Pittsylvania County Board of Supervisors presented petitions to the
Board supporting a uniform seven-week deer-hunting season West of
the Norfolk Southern Railroad in the county, to allow for better
herd control.
DAVID
POLLOCK, representing
Craig County Board of Supervisors, New Castle, VA
presented a petition and a letter from the Craig County Board
of Supervisors to the Board requesting a reduction of the deer
herd in Craig County by allowing a full-season either sex deer
hunting season.
JOSEPH
ALBERT, representing the
Amherst County Board of Supervisors, Monroe, VA requested a uniform
deer-hunting season for the county.
JOHN
BELLEMORE, representing the George Washington and Jefferson
National Forests, Roanoke, VA on behalf of
the forest rangers, spoke in opposition to expanded seasons and
hunting opportunities on national forests lands due to concerns
for the impact that it will cause due to the increased needs for
road maintenance, enforcement and general maintenance, i.e., trash
control, etc. at a time that less cooperative work was being
performed by the two agencies.
He suggested that the Forest Service have an opportunity to
discuss the issues with Department staff before final action is
taken on the regulation proposals at the scheduled May 1, 2003
meeting.
Chairman
McDaniel recessed the meeting for lunch at 12:45 p.m. and it
reconvened at 1:30 p.m.
The Board
discussed staff regulation proposal recommendations.
Based on comments heard, and its discussion, the Board
elected to amend staff recommendations.
Mr. Corrigan
moved, seconded by Mr. McNeely, passed unanimously, that the Board
authorize staff to draft for advertisement a liberal uniform full
7-week deer season in the counties of Amherst, Campbell,
Pittsylvania and Nelson.
Ms. Crumley
moved, seconded by Mr. Railey, passed unanimously, that the
proposed public input meeting scheduled be approved.
Mr.
Cunningham moved, seconded by Mr. Corrigan, passed unanimously,
that the Board advertise for public input, a year-round raccoon
field trail season. Staff
did not recommend a year-round field trial season.
Mr. Railey
moved, seconded by Mr. Hoffler, passed unanimously, that the Board
advertise for public comment that the rabbit-hunting season be
extended into February for two weeks.
Staff was
requested to include an exemption for food plots in 4 VAC 15-40-
that will prohibit the feeding of bears.
Mr.
Shoosmith moved, seconded by Ms. Crumley, passed unanimously, that
the Board advertise for public comment, the amended wildlife
regulation proposals.
REORGANIZATION
OF THE WILDLIFE DIVISION: A
draft document was distributed to the Board regarding a proposed
reorganization of the Wildlife Division.
Board members were requested to review the draft and to be
prepared to discuss it at the May 1, 2003 Board meeting.
DIRECTOR’S
REPORT: Charlie
Sledd presented a brief overview of legislation that was
introduced during the 2003 General Assembly Session that would
impact the Department. Fifteen of the 27 introduced bills passed.
KENNY
PARR was recognized. He
stated that sportsmen are constantly being requested to defend the
Department’s funding sources and he realized that a mechanism is
needed to keep sportsmen better informed. Mr. Parr indicated that
because of this need for sportsmen to be proactive, he was working
to establish “the Virginia’s Sportsmen Alliance” to provide
a website with a link to the General Assembly to keep sportsmen
better informed about the Department and its revenue by using
email. The NWTF Superfund has provided $15,000 for the development
of this project. The
proposed project has received the support of other sportsmen
organizations. He indicated they will meet to develop the program
and progress updates will be provided periodically to the Board.
Mr. Woodfin
reported that the Department will receive $1.7 million from a new
federal program, the Landowners Incentive Program.
This new revenue will go to landowners to be used for
wildlife-related issues.
Mr. Woodfin
reported that through the Wildlife Foundation of Virginia, a fund
has been established, similar to that afforded college presidents,
that does not involve public dollars for the Director to use, when
justified, to provide public services that would not normally be
charged to state funds, i.e., lunch for outdoors writers, take
legislators into the field to better educate them about the
Department, etc. Mr.
McDaniel made a $1,000 contribution to the funds, and he suggested
that other Board members might wish to also contribute.
Other Board members enthusiastically supported this
initiative. They
asked and were told that checks should be made out to the Wildlife
Foundation of Virginia.
Ray Davis was
requested to provide a financial status report to the Board to
reflect anticipated revenue for FY 04, based on the 2003 Budget
Bill, new revenue sources, and the impact of the agency’s
contributions to the state’s budget deficit.
Of note, the Department of Planning and Budget had
projected the Department’s watercraft sales and use tax revenue
to be $4.9 million. It reality, this fund will reach $5.9 to $6
million. In the
Budget Bill, DPB placed a cap on the Department’s return from
this revenue of $4.9 million, which will result in an additional
loss of $1 million to the Department. Staff is working with DPB and the Secretary’s office staff
to have this cap removed. Based
on its appropriations, the Department can only commit $2.7 million
to capital projects, down from $5.7 million.
Approximately $1.8 million has been cut from HB 38 funds.
He also reported that the Budget Bill authorizes the
Governor to withhold non-general fund earned interest in the
fourth quarter, if needed to balance the state’s budget.
Ray Davis
presented two requests from the Clerks of the Court (Accomack and
Alleghany Counties) to be relieved of license agent’s
responsibilities. Per
Board policy, Ms. Crumley
moved, seconded by Mr. Shoosmith, passed unanimously, that the
Clerks of the Court for Accomack and Alleghany counties be
permitted to resign as license agents for the Department.
The Board
authorized staff to administratively deal with the three requests
received from license agent applicants to be relieved of the
$2,000 required deposit or being in business for one-year
requirement.
NOMINATING
COMMITTEE DISCUSSION: The
Board discussed whether it wanted to appoint a nominating
committee or elect a Chairman at this meeting.
Chairman McDaniel recommended that the Board elect a
chairman, since he is ineligible for reappointment, with his term
expiring June 30. He opened the floor to nominations for Board chairman,
effective July 1, 2003. Mr.
Corrigan reminded that Board that at a spring 2002 meeting, the
Board approved a motion that would require that a nominating
committee be appointed, with the Chairman being elected at the
June meeting. The
Chairman overruled the objection.
Mr. Corrigan appealed the Chairman’s decision,
seconded by Mr. Cunningham, on the basis that the Board
would have to rescind its previous action.
Legal counsel was consulted and the recording secretary was
requested to retrieve the March 28, 2002 minutes for review.
Chairman McDaniel read the relevant language from the March
28, 2002 meeting. He asked and legal counsel advised that the Board could elect
a new Chairman at this meeting, if it rescinded its previous
action. Mr. Corrigan asked and was informed that it would be
proper for the Board to approve a motion to rescind its previous
action. Mr.
Cunningham concurred with Mr. Corrigan’s objections.
The Chairman called for a motion from the Board.
After additional discussion and debate, Ms. Crumley noted
for the record that she felt that it would be appropriate to
appoint a new Chairman to provide a training opportunity for the
chairman-elect, since the current Chairman has served two
consecutive terms on the Board and is ineligible for
reappointment. Ms.
Crumley moved, seconded by Mr. McCoy, passed with an 8:2 vote,
that the March 28, 2002 action of the Board be rescinded, and that
the Board elect a new Chairman at this meeting.
Ayes: Crumley,
McNeely, McCoy, Shoosmith, Railey, Dean, Hoffler and McDaniel.
Nays: Cunningham
and Corrigan.
The floor was
opened for the nomination of a Chairman, to be effective July 2003.
Ms.
Crumley moved, seconded by Mr. Shoosmith, passed with a 7:2 vote
that Daniel Hoffler be elected Board Chairman, to become effective
at the expiration of the current Chairman’s term, July 1, 2003. Ayes:
Crumley, Shoosmith, Railey, McCoy, McNeely, McDaniel and
Dean. Abstained,
based on an objection to the process employed, Corrigan and
Cunningham. Mr. Hoffler accepted the chairmanship.
ADJOURNMENT:
as there was no further business, the Chairman
adjourned the meeting at 2:55
p.m.
Respectfully submitted,
Belle Harding
Secretary to the Director
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