Administrative Code

Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 15. Department of Game and Inland Fisheries
1/22/2020

Chapter 290. Game: Permits

4VAC15-290-10. [Repealed]

Historical Notes

Derived from VR325-02-27 § 1; amended, Virginia Register Volume 10, Issue 26, eff. October 19, 1994; Volume 11, Issue 5, eff. January 1, 1995; repealed, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

4VAC15-290-20. Collection of specimens of wild birds for scientific purposes.

Holders of permits issued under § 29.1-418 of the Code of Virginia to collect specimens of wild birds and their nests, with the eggs or young found therein, for scientific or museum purposes, shall report to the department on January 1 of each year the number of each species taken and the purpose for which collected.

Statutory Authority

§§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-02-27 § 2; amended, Virginia Register Volume 10, Issue 26, eff. October 19, 1994; Volume 11, Issue 5, eff. January 1, 1995.

4VAC15-290-30. Breeding game birds for propagation and stocking; records.

Holders of permits issued under § 29.1-417 of the Code of Virginia to breed and rear captive bred game birds and to sell and ship them alive for propagation or stocking or to kill, sell and ship the same for use as food shall keep a record showing the number of each species on hand, the number raised or acquired and the number sold.

Statutory Authority

§§ 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-02-27 § 3; amended, Virginia Register Volume 10, Issue 26, eff. October 19, 1994; Volume 11, Issue 5, eff. January 1, 1995; Volume 13, Issue 18, eff. July 1, 1997.

4VAC15-290-40. Breeding game birds for propagation and stocking; labeling packages.

Packages containing captive bred game birds raised under a permit for propagation purposes shall bear labels showing the name and address of the breeder and the contents of the package.

Statutory Authority

§§ 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-02-27 § 4; amended, Virginia Register Volume 10, Issue 26, eff. October 19, 1994; Volume 11, Issue 5, eff. January 1, 1995; Volume 13, Issue 18, eff. July 1, 1997.

4VAC15-290-50. Breeding game birds and game animals for propagation and stocking; confinement; inspection.

Birds and animals raised under a permit for propagation purposes must be confined in a sanitary escape-proof enclosure. Such enclosure shall be open to inspection by representatives of the department at all times.

Statutory Authority

§§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-02-27 § 5; amended, Virginia Register Volume 10, Issue 26, eff. October 19, 1994; Volume 11, Issue 5, eff. January 1, 1995.

4VAC15-290-60. Holding wild animals for exhibition purposes.

A. Where an exhibit is educational and purposeful in nature, wild animals may be exhibited with a permit provided for in § 29.1-417 of the Code of Virginia, under such restrictions and conditions as the board may prescribe.

B. Elementary or secondary school teachers may possess and display wildlife for educational purposes without a permit to exhibit wildlife, provided that:

1. Notification of the display is made to the department by mail to Permits Section, VDGIF, P.O. Box 3337, Henrico, VA 23228‑3337. This notification shall be made within 48 hours of the beginning of the display, shall be updated any time that additional wildlife is added to the display, and shall include:

a. Number and species of wildlife held for display;

b. Physical address of the location of the display; and

c. Duration for which the display is intended to be maintained.

2. Species allowed to be possessed and displayed pursuant to this subsection shall be limited to those species included in the List of Native and Naturalized Fauna of Virginia, which is incorporated by reference in 4VAC15-20. In addition, in no case shall the following species be possessed and displayed without a permit to exhibit wildlife:

a. Those species included on the list contained in 4VAC15-30-40, whether of native or exotic origin.

b. Fur-bearing animals as defined in § 29.1-100 of the Code of Virginia.

c. Those species defined as nonnative or exotic animals pursuant to 4VAC15-20-50.

d. Migratory birds protected by the federal Migratory Bird Treaty Act (16 USC §§ 703‑711).

e. Federal and state threatened and endangered species pursuant to 4VAC15-20-130.

f. Nuisance species designated by § 29.1-100 of the Code of Virginia or 4VAC15-20-160, or nonindigenous aquatic nuisance species designated by § 29.1-571 of the Code of Virginia or 4VAC15-20-210.

g. Predatory or undesirable animals or birds for which a permit is required by 4VAC15-30-20.

3. Any person bitten by mammalian wildlife must report the injury to the local health department. The offending animal must be segregated and housed separately from other animals and humans until the health department is notified.

4. Wildlife must be confined under sanitary and humane conditions that are appropriate for the species in captivity. All cages and enclosures shall be locked at all times when wildlife is not under the immediate control or direct supervision of the handler to prevent wildlife escape and unauthorized contact with individuals.

5. No wildlife held, possessed, or displayed may be released for any purpose without the written authorization of the department.

6. The department shall be notified within 24 hours of an instance of wildlife sickness or disease or in the event of an escape.

7. Teachers possessing and displaying wildlife for educational purposes in accordance with this section shall comply with all other local, state, and federal laws and regulations pertaining to species possessed and displayed.

Statutory Authority

§§ 29.1-103 and 29.1-501 of the Code of Virginia.

Historical Notes

Derived from VR325-02-27 § 6; amended, Virginia Register Volume 10, Issue 26, eff. October 19, 1994; Volume 11, Issue 5, eff. January 1, 1995; Volume 29, Issue 25, eff. August 15, 2013; Volume 35, Issue 23, eff. August 1, 2019.

4VAC15-290-70. Stuffing or mounting birds and animals; possession of game legally taken.

A holder of a permit to stuff and mount birds and animals or parts of them for compensation or sale, as provided for in § 29.1-415 of the Code of Virginia may have in possession for such purpose only birds and animals which were legally taken.

Statutory Authority

§§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-02-27 § 7; amended, Virginia Register Volume 10, Issue 26, eff. October 19, 1994; Volume 11, Issue 5, eff. January 1, 1995.

4VAC15-290-80. Stuffing or mounting birds and animals - records; inspections.

A. A holder of a permit to stuff or mount birds and animals shall keep a complete record of all transactions. Such records shall include the species to be mounted or tanned; the date of receipt; the name, address and telephone number of the person for whom the work is being performed; the name of the person who killed the specimen (if different from above); the hunting license or Virginia driving license number of such person; the county where the specimen was taken or, if taken out-of-state, the state in which it was taken; and the date the completed work was returned to the customer. Such records shall be retained for three years. These records, and the premises where such business is conducted, shall be open to inspection by representatives of the department during normal business hours.

B. Upon receipt of any specimen of wildlife, a holder of a permit shall immediately affix to such specimen a tag bearing the designation of the species, the name and address of the customer and the date the specimen was killed. Such tag shall remain affixed to the specimen, except when the specimen is actually in the process of being worked on, until it is delivered to the customer. A numbered tag, with numbers corresponding to the number of the line entry of the records required in subsection A of this section, may be used in lieu of that.

Statutory Authority

§§ 29.1-501, 29.1-502, 29.1-701 and 29.1-735 of the Code of Virginia.

Historical Notes

Derived from VR325-02-27 § 8, eff. January 1, 1989; amended, Virginia Register Volume 10, Issue 26, eff. October 19, 1994; Volume 11, Issue 5, eff. January 1, 1995.

4VAC15-290-90 to 4VAC15-290-100. [Repealed]

Historical Notes

Derived from VR325-02-27 §§ 9, 10, eff. July 1, 1973; amended, Virginia Register Volume 10, Issue 26, eff. October 19, 1994; Volume 11, Issue 5, eff. January 1, 1995; repealed, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

4VAC15-290-110. Breeding pheasants; confinement; inspection.

Pheasants raised under a permit from the department shall be confined in sanitary escape-proof enclosures, which shall be open to inspection by representatives of the department at all times.

Statutory Authority

§§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-02-27 § 11; amended, Virginia Register Volume 10, Issue 26, eff. October 19, 1994; Volume 11, Issue 5, eff. January 1, 1995.

4VAC15-290-115. Field trials; authorized dates.

In accordance with § 29.1-422 of the Code of Virginia, permits for field trials with dogs may be authorized by the department during the period between August 1 to May 31, both dates inclusive, under conditions and for the species specified in the permit, except that permits for foxhound field trials held within foxhound training preserves and raccoon hound field trials may be authorized by the department at any time.

Statutory Authority

§§ 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 19, Issue 19, eff. July 1, 2003.

4VAC15-290-120. [Repealed]

Historical Notes

Derived from VR325-02-27 § 14, eff. July 1, 1985; amended, Virginia Register Volume 10, Issue 26, eff. October 19, 1994; repealed, Virginia Register Volume 11, Issue 5, eff. January 1, 1995.

4VAC15-290-130. Duty to comply with permit conditions.

A permit holder shall comply with all terms and conditions of any permit issued by the Department of Game and Inland Fisheries pursuant to Title 29.1 of the Code of Virginia and the regulations of the board pertaining to hunting, fishing, trapping, taking, attempting to take, possession, sale, offering for sale, transporting or causing to be transported, importing or exporting, propagating, exhibiting, and rehabilitating of any wild bird, wild animal or fish. The penalty for violation of this section is prescribed by § 29.1-505 of the Code of Virginia.

Statutory Authority

§§ 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-02-27 § 15, eff. January 1, 1992; amended, Virginia Register Volume 10, Issue 26, eff. October 19, 1994; Volume 11, Issue 5, eff. January 1, 1995; Volume 13, Issue 18, eff. July 1, 1997.

4VAC15-290-140. Possession and display of a harvest information program authorization to hunt migratory game birds.

Every person, whether licensed or exempt from being licensed, (i) must be registered with the Virginia Harvest Information Program (HIP) to hunt migratory game birds, including waterfowl, doves, woodcock, snipe, rails, gallinules, moorhens, and coots; (ii) must carry the HIP authorization on his person when hunting; and (iii) shall present it immediately upon demand of any officer whose duty it is to enforce the game and inland fish laws. The penalty for violation of this section is prescribed by § 29.1-505 of the Code of Virginia.

Statutory Authority

§§ 29.2-103 and 29.1-501 of the Code of Virginia.

Historical Notes

Derived from VR325-02-27 § 16, eff. January 1, 1995; amended, Virginia Register Volume 14, Issue 16, eff. July 1, 1998; Volume 17, Issue 19, eff. July 4, 2001; Volume 33, Issue 23, eff. August 1, 2017.

4VAC15-290-150. (Reserved.)

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 29, Issue 25, eff. August 15, 2013.

4VAC15-290-160. Foxhound training preserves.

A. The operation of a foxhound training preserve in the Commonwealth shall be lawful only when conducted in compliance with the requirements of a permit issued by the department. In accordance with § 29.1-525.2 of the Code of Virginia, a permit may only be issued for a location at which, as of January 1, 2014, a foxhound training preserve existed and was operating under a permit issued by the department.

B. Permit requirements shall include, but not be limited to:

1. Application requirements, including:

a. Operator information, including name, date of birth, address, phone number, and email address, as well as an indication as to whether the operator has previously been convicted of any federal or state wildlife law or regulation violation and, if so, a description of such conviction.

b. Preserve information, including whether the preserve is public or private, the name and location of the preserve, the names and addresses of adjacent landowners, and the mailing address and phone number of the preserve, if different from the operator.

c. Evidence of the size of the preserve. A 7-1/2 minute 1:24,000 topographic map or aerial image indicating the fenced area shall be provided. For preserves under 150 acres, or where determined necessary by the department to determine compliance with minimum acreage requirements, the department shall further require a plat of legible scale by a certified land surveyor that shows ties to property lines (submeter) and is produced using a differential global positioning system capable of producing submeter accuracy positioning, which shall be reviewed by the department and must indicate that the fenced area is 100 acres to an accuracy level of plus or minus one acre.

d. An application fee of $50.

e. A certification statement by the operator attesting to the accuracy of the application and agreeing to notification of the department of any change within 30 days.

2. Provisions establishing a permit term of one year, after which permits may be renewed in accordance with the department's permit renewal procedures.

3. Acreage requirements specifying that each preserve must be at least 100 contiguous acres completely fenced. Facilities that consist of less than 100 contiguous acres permitted prior to August 15, 2013, may remain permitted so long as permit coverage is continuously maintained. The map or aerial image of the preserve boundaries must be on file with the department, and must be updated if any landowner changes, or if boundaries are altered.

4. Fencing requirements sufficient to prevent foxes and hounds from entering or escaping the enclosure. These requirements may include requirements for double strands of barbed wire at the top and electric wire at the bottom of the perimeter fencing and at all gates around the preserve, or other such fencing as deemed necessary. Such requirements shall also require rounded fence corners within the enclosure or the use of interior fencing to provide dog-proof escape areas at nonrounded fence corners.

5. Habitat and escape cover requirements, including adequate natural cover within the enclosure and at least one man-made dog-proof escape structure per 20 acres, unless greater escape cover is deemed necessary based on an inspection of the enclosure. Each escape structure or device must offer foxes effective refuge from dogs at all times and shall be appropriately distributed throughout the enclosure.

6. Requirements that all persons participating in the training of foxhounds in a preserve, unless specifically exempted by law, shall have a valid resident or nonresident Virginia hunting license, or a nonresident license to hunt exclusively in foxhound training preserves. Participants are not required to have a hunting license when participating in a dog field trial authorized by the department.

a. Hunting of any species other than foxes is prohibited within the preserve unless otherwise provided for by the department.

b. A dog field trial permit shall be required for all field trials.

7. Requirements for training and field trials held within the preserve, including:

a. Hound density restrictions specifying the maximum number of dogs that may be trained or participate in field trials in the enclosure at any one time. This maximum hound density shall not exceed one dog per two acres of preserve. When deemed necessary, more restrictive hound densities may be required, based on available escape cover and past history of hound-related mortality events.

b. Limits on the number of days per week during which training or field trials may occur. Training or field trials with foxhound densities exceeding one dog per 10 acres shall not be permitted for two days prior to and two days after any field trial event and shall be limited to a maximum of five days per week.

c. All dogs training or participating in field trial events within the preserve shall be up to date on their rabies vaccinations. Proof of rabies vaccination status shall consist of a current rabies certificate signed by a licensed veterinarian.

d. No field trial event shall provide for a cash or monetary prize to the participants.

8. Provisions regarding the stocking of the enclosure, including:

a. In accordance with § 29.1-525.2 of the Code of Virginia, the total number of foxes stocked annually in all preserves combined shall not exceed 900. The department shall determine the maximum number of foxes that may be stocked in each preserve based on the proportion of the preserve acreage in relation to the total acreage of all preserves. The department shall make these determinations annually and will provide notice to each permit holder of the permitted allocation for that year at least 30 days in advance of the fox trapping season. If a preserve ceases operation, its allocation of foxes from the previous year shall be deducted from the total number of foxes that may be stocked in all preserves statewide.

b. The purchase of foxes for the purposes of stocking a preserve shall be prohibited. However, the time and expenses of trappers supplying foxes may be reimbursed, so long as a written receipt detailing the amount paid and the specific expenses being reimbursed is prepared and given to the trapper, with a copy retained by the preserve operator. Receipts shall be retained by both parties for two years and are subject to inspection by the department at any time.

c. Only wild, live-trapped red (Vulpes vulpes) and gray (Urocyon cinereoargenteus) foxes may be released into preserves. Foxes may only be trapped for stocking purposes within the Commonwealth. No importation of foxes from out of state is permitted nor may foxes be relocated from one preserve to another, except that foxes may be transported from acclimation training enclosures to another enclosure of the same operator. Release of coyotes into foxhound training preserves is prohibited.

d. Live-trapped wild foxes may be released only in preserves that are operating under a valid permit and are open to the public for foxhound training purposes.

e. Acclimation requirements providing a minimum of seven days for foxes to become familiar with available food and habitat resources within the enclosure prior to any dog training or field trial event and 14 days prior to any dog training at hound densities exceeding one dog per 10 acres.

f. All preserves shall provide the necessary habitat to meet the food, water, and cover requirements of wild foxes.

g. The department shall be notified of any fox mortality or observation of diseased foxes within the preserve. The department may require specific health management procedures as deemed necessary and may suspend the operation of the preserve or halt stocking at any time warranted. Inspection and treatment of foxes by a licensed veterinarian may be required at the operator's expense. In the event of disease outbreaks, costs associated with testing, depopulating, cleaning, and disinfecting shall be the sole expense of the operator.

9. Provisions to prevent the ingress of black bears and, as deemed appropriate, other wildlife into the enclosure, and procedures for reporting the ingress of bears into the enclosure and the removal of bears or other wildlife.

10. Recordkeeping and reporting requirements, including:

a. Maintenance of a registry of the names, addresses, and phone numbers of all hunters training hounds or participating in field trials, the dates hunted, and the number of dogs per hunt. A separate contact list with the complete address and telephone number for each hunter may be maintained in lieu of the contact information in the registry.

b. The development and submission of a report to the department that includes the number, species (red or gray), and source of all foxes trapped and stocked in the preserve, including the name and address of each trapper, the county of origin of each fox, and the capture and release dates of each fox. This report shall be submitted by March 15 of each year, and no permit shall be renewed if the report is not submitted.

c. All records shall be kept current and retained for a period of two years and are subject to inspection by the department at any time.

11. Provisions allowing for inspections of the enclosure and of the permittee's records by the department at the time of application, during annual inspections, or at any other time. The department may also conduct disease testing of transported foxes and wildlife within the enclosure at any time.

12. Such other conditions as may be determined appropriate by the department.

C. The director or his designee may grant variances to the requirements of subsection A of this section where it is determined by the department that the imposition of a requirement would impose an unreasonable burden on the operator and that the purposes of the requirement can be substantially fulfilled by alternative conditions. Any relief granted shall be the minimum necessary, documented in the operator's permit, and subject to review by the department at each permit renewal.

D. It shall be lawful for any foxhound training preserve permittee, and licensed trappers designated in writing by the permittee and approved by the department, to live-trap and transport red and gray foxes from September 1 through the last day of February, both dates inclusive, only for the purpose of stocking foxhound training preserves covered by permits issued pursuant to this section. For the purpose of this section, foxes may be live-trapped on private lands with landowner permission or on public lands designated by the department and transported within the Commonwealth, unless otherwise specifically prohibited. Trapping expenses may be reimbursed by the preserve owner as provided in this section; however, in no case shall the direct sale of foxes or payment on a per fox basis be permitted. Except as provided in this section, all trapping shall otherwise comply with laws and regulations governing trapping.

1. The preserve operator may designate in writing no more than 10 licensed trappers from whom foxes may be obtained. Any person convicted of violating any provision of state or federal hunting and trapping laws and regulations shall not be eligible to supply foxes to preserves for at least two years and up to five years following the most recent violation. In determining the appropriate length of restriction, the department shall take into account the nature and severity of the most recent violation and any past violation.

2. All live-trapped foxes must be taken by legal means and foxes transported or held for release shall be kept in safe, sanitary, and humane conditions with water and food available and with protection from the elements.

3. Foxes may be retained for no more than seven days following their capture, and all foxes must be transported to the preserve by the final day of the trapping season. Records shall be maintained by trappers as to the length of time that each fox is retained in their possession and shall be subject to inspection by the department at any time.

4. A department-issued stocking tag is required for each fox stocked in a preserve. Each year, after 2014, the department shall distribute tags to each permit holder at least 30 days prior to the commencement of the fox trapping season. The number of tags the department issues to a permit holder shall correspond with that permit holder's annual allocation of foxes as determined by the department in accordance with § 29.1-525.2 of the Code of Virginia. Permit holders are not required to utilize all tags issued to them. Unused tags shall not be transferrable to any other preserve.

a. A tag must be filled out by the preserve operator prior to transport of each fox to the preserve. The tag number must be provided to the trapper prior to transport of the fox and must be in the possession of the trapper or preserve operator who is delivering the fox to the preserve during transport. Upon receipt of a fox, the preserve operator must (i) provide the trapper with a copy of the completed tag, (ii) retain a copy of the tag, and (iii) mail the completed original tag to the department within seven working days. The permit holder and the trapper must retain their copy of the tag for a period of two years following the end of the permit year.

b. Each completed tag shall provide information that includes the species of fox, the name of the trapper, the county where the fox was trapped, the date the fox was trapped, and the date the fox was delivered to the preserve.

E. Failure to comply with the provisions of a permit or the requirements of this section or other applicable wildlife laws or regulations may result in modification, suspension, or revocation of the permit, or denial of a permit application. The department shall not deny a permit to an existing location solely due to recordkeeping failures or other technical violations of the regulations governing foxhound training preserves. Recordkeeping failure does not include a deceptive practice or a deliberate, intentional, or willful failure to perform recordkeeping, in whole or in part. "Technical violation" means a violation of these regulations that is minor and unintended.

F. No permit shall remain valid after July 1, 2054.

Statutory Authority

§§ 29.1-103, 29.1-501, 29.1-502 and 29.1-525.2 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 29, Issue 25, eff. August 15, 2013; amended Virginia Register Volume 31, Issue 2, eff. September 1, 2014.

Forms (4VAC15-290)

Dog trial permit conditions.



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