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MEETING
MINUTES
BOARD OF GAME AND INLAND FISHERIES
4000 West Broad Street
Richmond, Virginia
March 25, 2004, 9:00 a.m.
PRESENT:
Dan Hoffler, Chairman, Marshall Davison, John Montgomery, Jr.,
Richard Railey, Jr., Will McNeely, Sherry Crumley, Jack
Shoosmith, Dan McCoy, Cecil Campbell, Chuck Cunningham,
ABSENT: Richard Corrigan, schedule conflict; DIRECTOR:
William L. Woodfin, Jr., LEGAL COUNSEL: Roger Chaffe;
SENIOR STAFF: Ray Davis, Bob Duncan, Jeff Uerz, Charlie
Sledd, David Whitehurst, Herb Foster, Gary Martel
Chairman Hoffler
called the meeting to order at 9:00 a.m. He welcomed visitors,
announced that a quorum was present, and requested Jeff Uerz to
lead the Pledge of Allegiance to the Flag.
Recognition
of Employees and Others: Director Woodfin announced that
the Board was adjusting its posted agenda to accommodate
scheduling needs for former Congressman Howard Pollock, Vice
President of Shikar-Safari Club International. Dr. Pollock
recognized Sergeant Chris Thomas as the Shikar-Safari Club
International’s wildlife officer of the year and presented him
with the Club’s awards. Sergeant Thomas thanked Skikar-Safari
for the recognition.
Closed
Session: At 9:15 a.m., Ms. Crumley moved, seconded by
Mr. Railey, passed unanimously, that the Board go into a closed
meeting 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 the disposition of publicly held
real property with respect to a property acquisition in
Frederick County, and pursuant to § 2.2-3711.A.1 of the Code of
Virginia for discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining, or resignation of specific public
officers, appointees or employees of the Department of Game and
Inland Fisheries, specifically regarding the Director’s annual
performance evaluation.
In open session
at 9:50 a.m., Ms. Crumley certified, seconded by Mr.
Montgomery, passed unanimously in a show of hands vote, 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 the certification resolution applied,
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. Ayes: Davison, Hoffler, Montgomery,
Railey, McNeely, Crumley, Shoosmith, McCoy, Campbell and
Cunningham).
Ms. Crumley
moved, seconded by Mr. Railey, passed unanimously in a show of
hands vote, that the Board authorize the Director to proceed to
acquire up to approximately 30 acres of land in the county of
Frederick to be known as the Redbud Run Conservation Area, and
such authorization shall be according to applicable state
procedures not to exceed $25,000 in total costs. Ayes:
Davison, Hoffler, Montgomery, Railey, McNeely, Crumley,
Shoosmith, McCoy, Campbell and Cunningham).
Public
Comment, Non-Agenda Items: Chairman Hoffler asked
individuals speaking for themselves to limit their comments to
three minutes. Speakers representing groups were asked to limit
their comments to five minutes.
Paulette
Albright, Montebello, Virginia indicated that she attended a
Board meeting in the fall and encouraged the Board to keep fish
hatcheries, and specifically Montebello, in operation and opened
to the public. She referenced a petition that she distributed
and indicated that she sent an additional 600 signatures to the
Fifth Congressional District representative, and asked the Board
to give the petition the attention that it deserved.
Lee Martin,
Vice-President of the Richmond Power Boat Association, Quinton,
Virginia indicated that she was
attending the meeting to advise the Board of a problem of sand
and silt build-up at the Osborne Boat Landing. She stated that
it was a public safety issue and asked the Board to accelerate
the Department’s plans to have the site dredged before the
summer months.
Marcia
Carvalho, Richmond, Virginia asked the Board to help to have
the Osborne Boat Landing dredged as soon as possible, and she
offered her assistance to staff to help facilitate the project
before the boating season begins.
Director Woodfin
commented that due to a 60% reduction in the Department’s
boating funds (the watercraft sales and use tax) being
redirected from the Department, much of the agency’s planned
boating work has been negatively impacted. He stated that the
agency is committed to completing the work needed at the Osborne
Landing.
Minutes of
the October 23, 2003 Meeting: The draft October 23, 2004
meeting minutes were included in the meeting briefing materials
and they have been posted on the agency’s Website. Chairman
Hoffler called for any additions or corrections to the minutes.
As there were none, Mr. Cunningham moved, seconded by Mr.
Montgomery, passed unanimously in a show of hands vote, that the
minutes be approved as written. Ayes: Davison, Hoffler,
Montgomery, Railey, McNeely, Crumley, Shoosmith, McCoy, Campbell
and Cunningham).
Proposed
Regulation Cycle Change: Charlie Sledd presented a proposal
to the Board that would combine the wildlife, fisheries, nongame
and boating regulation reviews into a single review to be
conducted on a two-year cycle. Mr. Sledd noted that because of
HB 301 that gives the Board the authority to adjust fees no more
than once every three years, the regulation review could also be
conducted on a three-year cycle. Board meetings would be held
in March, June, August and late October of each year. Beginning
in 2005, at its March meeting, the Board would hear staff
recommendations for regulation changes and the public would also
present its requests at that time. At the August meeting, the
Board would approve regulation proposals for advertisement, the
official public comment period would open, and public input
meetings would be conducted around the state. Final action
would be taken on the advertised proposals at an October
meeting, and the regulation changes would become effective in
July of the following year. Constituent input has shown support
for this proposed change. The Board would continue to take
annual action on the webless migratory gamebird and migratory
waterfowl seasons. The scheduled 2004 review of fisheries
regulations will be delayed until 2005.
After the
proposal was discussed, Mr. Railey moved, seconded by Mr.
Montgomery, passed unanimously in a show of hands vote, that the
Board adopt the staff recommendations to revise the regulatory
process and authorize that the appropriate procedures be drafted
to replace the January 1997 regulatory procedures currently in
effect. Ayes: Davison, Hoffler, Montgomery, Railey, McNeely,
Crumley, Shoosmith, McCoy, Campbell and Cunningham). This
revised process will postpone the 2004 fisheries, wildlife
diversity and boating regulation review to 2005, when the
regulations review for wildlife, fisheries, wildlife diversity,
and boating will be conducted at Board meetings held in March,
August and October.
Access Fees
at Agency-Owned Facilities: Virgil Kopf was recognized. He
indicated that a workgroup that had been assessing access fees
for agency-owned facilities had presented a preliminary report
on its findings at the October 2003 meeting, and that they had
planned to present final recommendations to the Board at this
meeting. Because the General Assembly has not approved a budget
for 2004-2006, and due to language in the proposed budget that
could potentially impact any decision made on access fees, the
Board took no action on this item.
Deer
Enclosures: Bob Duncan presented an overview of issues
associated with any high fencing that may be erected by private
citizens for the purpose of confining deer within enclosures
when hunting would be permitted within the enclosure.
Legislation was enacted in 2001 that disallows the erection of
high fences for this purpose. Existing facilities were
grandfathered if they registered with the Department, but the
legislation prohibited the transfer of the existing facilities
to another owner. The facilities registered with the Department
had to agree to adhere to management procedures established by
the Department. Five facilities registered. Problems have been
identified and the Department has had to close some of these
facilities. Staff is concerned about these facilities due to
the intrastate ban on movement of cervids because of disease
concerns as well as the unauthorized possession of a public
resource. Staff continues to evaluate this issue, but in the
interim, when inquiries are received from landowners wishing to
construct fences, they are advised that the fence must be five
feet or less in height. If the fence is higher than five feet,
deer cannot be hunted within the enclosure. Staff indicated
that the topic will be evaluated further and that draft
regulations will be brought to the Board at a future date to
insure consistency.
Automated
Harvest Recording System and Associated Regulations: Bob
Duncan was requested to present an overview of the Board’s
action that allows for the tagging of big game animals and
automated checking of harvested game, beginning in 2004.
Licenses will be redesigned to eliminated the removable tags and
provide a mechanism to allow the license to be notched in the
appropriate area when game is harvested before it is moved from
the harvest site. Mr. Duncan indicated that turkeys and bears
harvested in the fall must still be checked at a game check
station to allow for the collection of biological data. Once a
tag is notched, the checking process must be completed and a
validation number will be assigned that must be recorded on the
license. Hunters may also elect to check deer and spring
gobblers by using a telephone checking mechanism to legally
check harvested game. A validation number will also be provided
that will have to be recorded on the license.
Mr. Duncan
presented staff’s recommendations for amendments to 4 VAC
15-50-81, 4 VAC 15-90-231, 4 VAC 15-90-241, 4 VAC 15-240-81 and
4 VAC 15-240-91.
Amend 4 VAC
15-50-81 to clarify the appropriate way to notch the bear
tag from the bear-deer and turkey license.
Amend 4 VAC
15-90-231 to clarify the appropriate way to notch a deer tag
from the bear, deer and turkey license and remove the reference
to Telecheck by substituting the phrase “Automated harvest
reporting system”.
Amend 4 VAC
15-90-241 to remove the reference to Telecheck by
substituting the phrase “automated harvest reporting system” and
add text to describe the forfeiture of the deer carcass to the
Commonwealth if this section is violated.
Amend 4 VAC
15-240-81 to clarify the appropriate way to notch a turkey
tag from the bear, deer and turkey license and remove the
reference to Telecheck by substituting the phrase “automated
harvest reporting system”.
Amend 4 VAC
15-240-91 to remove the reference to Telecheck by
substituting the phrase “automated harvest reporting system and
add text to describe the forfeiture of the turkey carcass to the
Commonwealth if this section is violated.
After
discussion, Mr. Railey moved, seconded by Mr. Montgomery,
passed unanimously by a show of hands vote, that the above
referenced regulation amendments be advertised for public
comment. Ayes: Davison, Hoffler, Montgomery, Railey, McNeely,
Crumley, Shoosmith, McCoy, Campbell and Cunningham).
Director’s
Report: Charlie Sledd presented an overview of the 41 bills
that were tracked by the Department during the 2004 legislative
session. Of the 41 bills tracked, 24 passed, 12 failed and five
were carried forward to 2005.
Mr. Sledd
presented an overview of two budget amendments that will impact
the agency. The Senate has an amendment that would require the
Department to maintain operation and visitor access to all
state-owned fish hatcheries and it would allow the Department to
charge up to $1.00 per visitor to offset its costs. If passed
as written, this budget amendment excludes two trout facilities
(Wytheville and Paint Bank, which are owned by the Federal
government). It includes the four warm water hatcheries, where
there is little or no demand for public access.
The House has an
amendment that would require the Department to continue to
operate the Montebello Hatchery in both the first and second
year of the biennium and that it provide public access to the
hatchery for at least six months in both the first and second
year.
To comply with
the Senate amendment, it will cost the Department approximately
$85,000 annually. It will cost approximately $60,000 to reopen
trout hatcheries to public visitation for approximately six or
seven months per year, and Mr. Woodfin asked for the Board’s
support to allow staff to seasonally reopen the trout hatcheries
to public visitation. No objections were heard on this request.
Mr. Sledd
indicated that at a future meeting, once the General Assembly
has approved a budget, staff will present a draft regulation to
the Board that may establish an access fee to agency-owned
facilities.
Mr. Woodfin read
letters he recently received from Danny Cox, and his son Blake,
describing their experiences while participating in a youth hunt
at Occoquan Bay National Wildlife Refuge. The writers commended
Department staff for its work.
Director Woodfin
asked the Board to rescind an earlier action that directed the
Department to proceed to acquire property in Tazewell County.
Ms. Crumley moved, seconded by Mr. Montgomery, passed
unanimously by a show of hands vote, that the Board rescind its
motion of August 21, 2003 regarding the acquisition of
approximately 215 acres of land in Tazewell County to protect
habitat for Virginia Big-Eared and Indiana bats, which are
federally endangered species. Ayes: Davison, Hoffler,
Montgomery, Railey, McNeely, Crumley, Shoosmith, McCoy, Campbell
and Cunningham). This motion reflects a decision by the
landowner to withdraw his offer for the Department to acquire
this property.
Director Woodfin
reported that the Department continues its work with WalMart to
automate its delivery of our licenses to buyers. WalMart sells
approximately 48% of the Department’s licenses. WalMart hopes
to have its automation in place before the opening of the 2004
hunting season. The WalMart and Bass Pro automated licenses
provide an opportunity for the purchaser of a license to donate
to the Hunters for the Hungry program.
Mr. Woodfin
reported that Department staff has been working with the
Virginia Film Office to allow a film production company to use
the Chickahominy Wildlife Management Area to construct a Native
American village to be used in its production entitled “The New
World”. Filming is expected to begin this summer.
Mr. Woodfin
reported that at the Board’s direction, a full time grants
position was created and filled. Tom Wilcox has successfully
acquired new grant funds over the last year.
The Marion
Office contractor is experiencing financial difficulty.
Subcontractors are not being paid. Ray Davis reported that the
agency may have to declare the contractor in default and turn
the project over to the bonding company for completion.
Ray Davis
reported that he has received requests from several license
agent applicants asking that they be exempted from requirements
of the Board’s policy for the appointment and removal of license
agents. He asked, and the Board concurred, that staff be
allowed to deal with these requests administratively.
Mike Caison was
recognized. He introduced David Turner to the Board and
commended Mr. Turner and his family for their continued support
of the Department. Over the years, Mr. Turner and his family
have sold bronze sculptures and donated the proceeds to the
Department’s nongame programs. Additionally, Mr. Turner donated
a bronze deer sculpture to the Department that has been placed
in front of the 4016 building. This sculpture is valued at
approximately $32,000. Dominion Resources donated the costs to
install the deer in front of the building. The Board and staff
thanked Mr. Turner and commended him for his continued support
of the Commonwealth’s wildlife resources.
Mr. Turner
commented that he is committed to the Commonwealth’s natural
resources, and he pledged his continued support to the
Department and its work. He also thanked the Board for its
presence on the Eastern Shore of Virginia. On behalf of the
Board, Chairman Hoffler recognized and thanked Mr. Turner for
his support.
Mr. Woodfin
reported that advertisements will begin April 1 that advise the
public not to drink and boat and drink and drive. The Governor
is the spokesperson and the advertisement features a game warden
and state troopers.
Adjournment:
As there was no further business, at 11:15 a.m., Mr.
McCoy moved adjournment, seconded by Ms. Crumley, passed
unanimously by a show of hands vote. Ayes: Davison, Hoffler,
Montgomery, Railey, McNeely, Crumley, Shoosmith, McCoy, Campbell
and Cunningham).
Respectfully submitted,
Belle Harding
Secretary to the Director
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