Virginia Law

Chapter 90. Game: Deer

4VAC15-90-10. Open season; generally.

A. It shall be lawful to hunt deer in the following localities, including the cities and towns therein, during the following seasons, all dates inclusive.

B. Except as provided in subsection A of this section, deer may be hunted from the Saturday prior to the third Monday in November through the first Saturday in January, both dates inclusive, within the incorporated limits of any city or town that allows deer hunting.

C. In addition to provisions of subsection A of this section, antlerless deer may be taken from the first Saturday in September through the Friday prior to the first Saturday in October and the Sunday following the first Saturday in January through the last Sunday in March, both dates inclusive, within any disease focus zone designated by the department.

Statutory Authority

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

Historical Notes

Derived from VR325-02-6 § 1, eff. July 1, 1987; amended, Virginia Register Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; Volume 19, Issue 19, eff. July 1, 2003; Volume 29, Issue 25, eff. August 15, 2013; Volume 30, Issue 24, eff. August 1, 2014; Volume 35, Issue 22, eff. August 1, 2019; Volume 37, Issue 22, eff. July 1, 2021; Volume 38, Issue 2, eff. September 1, 2021; Volume 38, Issue 22, eff. August 1, 2022; Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-90-20. (Repealed.)

Historical Notes

Derived from VR325-02-6 § 2, eff. July 15, 1992; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; Volume 13, Issue 18, eff. July 1, 1997; Volume 15, Issue 20, eff. July 7, 1999; Volume 17, Issue 19, eff. July 4, 2001; Volume 19, Issue 19, eff. July 1, 2003; repealed, Virginia Register Volume 29, Issue 25, eff. August 15, 2013.

4VAC15-90-21. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 19, eff. July 4, 2001; amended, Virginia Register Volume 19, Issue 19, eff. July 1, 2003; Volume 25, Issue 25, eff. August 1, 2009; repealed, Virginia Register Volume 29, Issue 25, eff. August 15, 2013.

4VAC15-90-22. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 22, Issue 19, eff. July 1, 2006; amended, Virginia Register Volume 24, Issue 23, eff. July 1, 2008; repealed, Virginia Register Volume 29, Issue 25, eff. August 15, 2013.

4VAC15-90-23. Youth and apprentice hunter deer hunting weekend.

It shall be lawful for deer hunters 15 years of age and under and holders of an apprentice hunting license, when in compliance with all applicable laws and license requirements, to hunt deer on the last Saturday in September and the following calendar day when accompanied and directly supervised by an adult who has a valid Virginia hunting license on his person or is exempt from purchasing a hunting license. Deer of either-sex may be taken on this youth and apprentice deer hunting weekend. Adult hunters accompanying youth or apprentice deer hunters on this weekend may not carry or discharge weapons. Blaze orange is required for all persons hunting any species or any person accompanying a hunter on this weekend unless otherwise exempted by state law. Deer hunting with dogs is prohibited, except that tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.

Statutory Authority

§ 29.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 25, eff. August 1, 2009; amended, Virginia Register Volume 27, Issue 23, eff. July 1, 2011; Volume 27, Issue 25, eff. August 1, 2011; Volume 29, Issue 25, eff. August 15, 2013; Volume 31, Issue 25, eff. August 1, 2015.

4VAC15-90-30. (Repealed.)

Historical Notes

Derived from VR325-02-6 § 2-1, eff. July 15, 1992; amended, Virginia Register Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; repealed, Virginia Register Volume 29, Issue 25, eff. August 15, 2013.

4VAC15-90-40. (Repealed.)

Historical Notes

Derived from VR325-02-6 § 2-2, eff. July 15, 1992; repealed, Virginia Register Volume 10, Issue 23, eff. September 8, 1994.

4VAC15-90-50. (Repealed.)

Historical Notes

Derived from VR325-02-6 § 2-3, eff. July 15, 1992; amended, Virginia Register Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; repealed, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

4VAC15-90-60. (Repealed.)

Historical Notes

Derived from VR325-02-6 § 3, eff. July 15, 1992; repealed, Virginia Register Volume 10, Issue 23, eff. September 8, 1994.

4VAC15-90-70. Archery hunting.

A. It shall be lawful to hunt deer during the early special archery season with archery equipment or a slingbow from the first Saturday in October through the Friday prior to the third Monday in November, both dates inclusive.

B. In addition to the season provided in subsection A of this section, it shall be lawful to hunt deer during the late special archery season with archery equipment or a slingbow:

1. From the Sunday following the close of the general firearms season on deer through the first Saturday in January, both dates inclusive, (i) in all cities, towns, and counties west of the Blue Ridge Mountains (except Clarke County and on non-national forest lands in Frederick County); (ii) in the Counties (including the cities and towns within) of Amherst (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River), Bedford, Franklin, Henry, Nelson (west of Route 151), and Patrick; (iii) on the Chester F. Phelps Wildlife Management Area; and (iv) on national forest lands in Frederick County.

2. From December 1 through the first Saturday in January, both dates inclusive, in the Cities of Chesapeake, Suffolk (east of the Dismal Swamp Line), and Virginia Beach.

C. Deer of either sex may be taken full season during the special archery seasons as provided in subsections A and B of this section.

D. It shall be unlawful to carry firearms while hunting with archery equipment during the special archery seasons, except that a muzzleloading gun, as defined in 4VAC15-90-80, may be in the possession of a properly licensed muzzleloading gun hunter when and where a special archery deer season overlaps a special muzzleloading deer season.

E. It shall be unlawful to use dogs when hunting with archery equipment during any special archery season, except that tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.

F. It shall be lawful to hunt antlerless deer during the special urban archery season with archery equipment or a slingbow from the first Saturday in September through the Friday prior to the first Saturday in October, both dates inclusive, and from the Sunday following the first Saturday in January through the last Sunday in March, both dates inclusive, within the incorporated limits of any city or town in the Commonwealth (except on national forest and department-owned lands) and counties with a human population density of 300 persons per square mile or more (except on national forest and department-owned lands), provided that its governing body submits by certified letter to the department prior to April 1, its intent to participate in the special urban archery season. Any city, town, or county no longer participating in this season shall submit by certified letter to the department prior to April 1 notice of its intent not to participate in the special urban archery season. When consistent with the department's deer management objectives and subject to the director's approval, a participating county may exclude from this season a geographic area by submitting a clear description of such area in a certified letter to the department prior to April 1.

G. It shall be lawful to hunt antlerless deer during the special urban archery season with archery equipment or a slingbow during dates specified in subsection F of this section within the boundaries of any common interest community as defined in § 54.1-2345 of the Code of Virginia provided that (i) the association submits by certified letter to the department prior to July 1 the association's request to participate in the special urban archery season and (ii) the department approves such request.

1. The special urban archery season will in no way supersede any local ordinance, any restriction in the association's governing documents, or the requirement to obtain a landowner's permission to hunt.

2. An association no longer participating in the special urban archery season shall submit notice of the association's intent not to participate in the special urban archery season. The association shall submit the certified letter to the department prior to July 1.

3. At its discretion, the department may suspend or revoke the special urban archery season in any association upon written notice to the association.

For the purposes of this subsection, "association" means the governing board or the authorized agent of the governing board of an association of property owners, condominium unit owners, or proprietary lessees.

H. It shall be lawful to hunt antlerless deer during the special antlerless archery season with archery equipment or a slingbow from the Monday following the last Sunday in March through the last Sunday in April, both dates inclusive, in the Counties of Arlington, Fairfax, Loudoun, and Prince William (including the cities and towns within).

Statutory Authority

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

Historical Notes

Derived from VR325-02-6 § 4, eff. July 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; Volume 12, Issue 24, eff. September 18, 1996; Volume 13, Issue 18, eff. July 1, 1997; Volume 15, Issue 20, eff. July 7, 1999; Volume 17, Issue 19, eff. July 4, 2001; Volume 19, Issue 19, eff. July 1, 2003; Volume 22, Issue 19, eff. July 1, 2006; Volume 24, Issue 23, eff. July 1, 2008; Volume 25, Issue 25, eff. August 1, 2009; Volume 27, Issue 23, eff. July 1, 2011; Volume 27, Issue 25, eff. August 1, 2011; Volume 29, Issue 25, eff. August 15, 2013; Volume 30, Issue 24, eff. August 1, 2014; Volume 31, Issue 25, eff. August 1, 2015; Volume 33, Issue 23, eff. August 1, 2017; Volume 34, Issue 2, eff. September 1, 2017; Volume 35, Issue 22, eff. August 1, 2019; Volume 37, Issue 22, eff. July 1, 2021.

4VAC15-90-80. Muzzleloading gun hunting.

A. It shall be lawful to hunt deer during the early special muzzleloading season with muzzleloading guns from the Saturday prior to the first Monday in November through the Friday prior to the third Monday in November, both dates inclusive, in all cities, towns, and counties where deer hunting with a rifle or muzzleloading gun is permitted, except in the Cities of Chesapeake, Suffolk (east of the Dismal Swamp Line), and Virginia Beach.

B. It shall be lawful to hunt deer during the late special muzzleloading season with muzzleloading guns starting 21 consecutive days immediately prior to and on the first Saturday in January:

1. In all cities, towns, and counties west of the Blue Ridge Mountains (except Clarke County and on non-national forest lands in Frederick County);

2. East of the Blue Ridge Mountains in the Counties (including the cities and towns within) of Amherst (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River), Bedford, Franklin, Henry, Nelson (west of Route 151), and Patrick;

3. On national forest lands in Frederick County; and

4. In the Cities of Chesapeake, Suffolk (east of the Dismal Swamp Line), and Virginia Beach.

C. Deer of either sex may be taken during the entire early special muzzleloading season east of the Blue Ridge Mountains unless otherwise noted in this subsection:

1. Deer of either sex may be taken on the second Saturday only of the early special muzzleloading season on state forest lands, state park lands (except Occoneechee State Park), department-owned lands (except on Merrimac Farm Wildlife Management Area), and Philpott Reservoir.

2. Antlered bucks only—no either-sex deer hunting days during the early special muzzleloading season on national forest lands in Amherst, Bedford, and Nelson Counties.

D. Deer of either sex may be taken on the second Saturday only during the early special muzzleloading season west of the Blue Ridge Mountains unless otherwise noted in this subsection.

1. Deer of either sex may be taken during the entire early special muzzleloading season in Clarke and Floyd Counties and on private lands in Augusta, Botetourt, Carroll, Frederick, Grayson, Montgomery, Page, Pulaski, Roanoke, Rockingham (east of Routes 613 and 731), Scott, Smyth, Shenandoah, Warren, and Wythe Counties.

2. Antlered bucks only—no either-sex deer hunting days during the early special muzzleloading season in Buchanan County; on federal lands in Dickenson County; on department-owned land in Russell County; on national forest lands in Alleghany, Bland, Craig, Frederick, Giles, Grayson, Lee, Montgomery, Page, Pulaski, Rockingham, Scott, Shenandoah, Warren, and Wise Counties; on national forest and department-owned lands in Augusta, Bath, Botetourt, Carroll, Highland (except Highland Wildlife Management Area), Roanoke, Rockbridge, Smyth, Tazewell, Washington, and Wythe Counties; on Channels State Forest, Grayson Highlands State Park, Hungry Mother State Park; and on private lands west of Routes 613 and 731 in Rockingham County.

E. Deer of either sex may be taken during the last six days of the late special muzzleloading season unless otherwise listed in this subsection:

1. Deer of either sex may be taken full season during the entire late special muzzleloading season in the Counties (including the cities and towns within) of Amherst (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River, except on national forest lands), Bedford (except on national forest lands), Floyd, Franklin, Henry, Nelson (west of Route 151, except on national forest lands), and Patrick and on private lands in Augusta, Botetourt, Carroll, Craig, Giles, Grayson, Montgomery, Page, Pulaski, Roanoke, Rockingham (east of Routes 613 and 731), Scott, Smyth, Shenandoah, Warren, and Wythe Counties.

2. Deer of either sex may be taken the last day only during the late special muzzleloading season in Alleghany, Bath, Highland, Lee, Russell, Tazewell, and Wise Counties; on national forest lands in Amherst, Bedford, Bland, Craig, Frederick, Giles, Grayson, Montgomery, Nelson, Page, Pulaski, Rockingham, Scott, Shenandoah, and Warren Counties; on national forest and department-owned lands in Augusta, Botetourt, Carroll, Roanoke, Rockbridge, Smyth, Washington, and Wythe Counties; and on private lands west of Routes 613 and 731 in Rockingham County, Channels State Forest, Grayson Highlands State Park, and Hungry Mother State Park.

3. Antlered bucks only—no either-sex deer hunting days during the late special muzzleloading season in Buchanan County.

F. Deer of either sex may be taken full season during the special muzzleloading seasons within the incorporated limits of any city or town in the Commonwealth that allows deer hunting except in the Cities of Chesapeake, Suffolk, and Virginia Beach.

G. It shall be unlawful to hunt deer with dogs during any special season for hunting with muzzleloading guns, except that tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.

H. Muzzleloading guns, for the purpose of this section, include:

1. Single shot muzzleloading rifles.40 caliber or larger, firing a single projectile or sabot (with a.35 caliber or larger projectile) where the projectile is loaded from the muzzle;

2. Muzzleloading shotguns (one or more barrels) not larger than 10 gauge where the projectiles are loaded from the muzzle;

3. Muzzleloading pistols (one or more barrels).45 caliber or larger, firing a single projectile or sabot (with a.35 caliber or larger projectile) per barrel where the propellant and projectile are loaded from the muzzle;

4. Muzzleloading revolvers.45 caliber or larger, firing a single projectile or sabot (with a.35 caliber or larger projectile) per cylinder where the propellant and projectile are loaded from the forward end of the cylinder.

I. It shall be unlawful to have in immediate possession any firearm other than a muzzleloading gun while hunting with a muzzleloading gun in a special muzzleloading season.

Statutory Authority

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

Historical Notes

Derived from VR325-02-6 § 5, eff. July 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; Volume 13, Issue 18, eff. July 1, 1997; Volume 15, Issue 20, eff. July 7, 1999; Volume 17, Issue 19, eff. July 4, 2001; Volume 19, Issue 19, eff. July 1, 2003; Volume 22, Issue 19, eff. July 1, 2006; Volume 22, Issue 22, eff. July 1, 2006; Volume 24, Issue 23, eff. July 1, 2008; Volume 24, Issue 24, eff. July 8, 2008; Volume 25, Issue 25, eff. August 1, 2009; Volume 27, Issue 23, eff. July 1, 2011; Volume 27, Issue 25, eff. August 1, 2011; Volume 29, Issue 25, eff. August 15, 2013; Volume 30, Issue 24, eff. August 1, 2014; Volume 31, Issue 25, eff. August 1, 2015; Volume 33, Issue 23, eff. August 1, 2017; Volume 35, Issue 22, eff. August 1, 2019; Volume 37, Issue 22, eff. July 1, 2021; Volume 38, Issue 22, eff. August 1, 2022; Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-90-85. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 19, eff. July 4, 2001; amended, Virginia Register Volume 27, Issue 23, eff. July 1, 2011; Volume 29, Issue 25, eff. August 15, 2013; repealed, Virginia Register Volume 37, Issue 22, eff. July 1, 2021.

4VAC15-90-89. Earn a buck.

A. For the purposes of this section, the term "license year" means the period between July 1 and June 30 of the following year.

B. Within a license year and within in each individual county listed in this subsection, a hunter must have taken at least one antlerless deer on private lands in that county before taking a second antlered deer on private lands in that county. In those counties listed in this subsection east of the Blue Ridge Mountains, a hunter must have taken at least two antlerless deer on private lands in that county before taking a third antlered deer on private lands in that county.

The counties subject to the provisions of this subsection are Accomack, Albemarle, Amherst (west of Route 29), Augusta, Bedford, Botetourt, Carroll, Clarke, Culpeper, Fauquier, Floyd, Franklin, Frederick, Grayson, Greene, Hanover, Henrico, James City, Madison, Montgomery, Orange, Page, Prince George, Pulaski, Rappahannock, Roanoke, Rockingham (east of Routes 613 and 731), Shenandoah, Stafford, Warren, Wythe, and York.

C. Within a license year and within each individual county listed in this subsection, a hunter must have taken at least one antlerless deer in that county before taking a second antlered deer in that county. A hunter must also have taken at least two antlerless deer in that county before taking a third antlered deer in that county.­­

The counties subject to the provisions of this subsection are Arlington, Fairfax, Loudoun, and Prince William (except on Department of Defense lands).

D. Within a license year and within any city or town, except the Cities of Chesapeake, Suffolk, and Virginia Beach, a hunter must have taken at least one antlerless deer in that city or town before taking a second antlered deer in that city or town. In those cities and towns east of the Blue Ridge Mountains, a hunter must have taken at least two antlerless deer in that city or town before taking a third antlered deer in that city or town.

E. The Earn A Buck Program does not apply to the Cities of Chesapeake, Suffolk, and Virginia Beach.

Statutory Authority

§§ 29.1-103, 29.1-501 and 29.1-502 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 25, eff. August 1, 2015; Volume 33, Issue 23, eff. August 1, 2017; Volume 35, Issue 22, eff. August 1, 2019; Volume 37, Issue 22, eff. July 1, 2021; Errata, 38:13 VA.R. 2075 February 14, 2022; amended Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-90-90. Bag limit, bonus deer permits and special antlerless provision for youth hunters.

A. The bag limit for deer east of the Blue Ridge Mountains (except on national forest lands in Amherst, Bedford, and Nelson Counties) is two per day, six per license year, three of which must be antlerless unless otherwise noted in this subsection.

1. The daily bag limit for deer is unlimited in the Counties, including the cities and towns within, of Arlington, Fairfax, Loudoun, and Prince William and in all the cities and towns that allow deer hunting (except in the Cities of Chesapeake, Suffolk, and Virginia Beach).

2. Only one deer per day may be taken on national forest, department-owned, and department-managed lands.

3. Only one elk per day may be taken.

B. The bag limit for deer west of the Blue Ridge Mountains and on national forest lands in Amherst, Bedford, and Nelson Counties is two per day, five per license year, three of which must be antlerless unless otherwise noted in this subsection.

1. The daily bag limit for deer is unlimited in all the cities and towns that allow deer hunting.

2. Only one deer per day may be taken on national forest, department-owned, and department-managed lands.

3. If a deer hunter kills two antlered bucks in a license year in Alleghany, Bath, Highland, or Rockbridge County, at least one of the antlered bucks must have at least four antler points, one inch or longer, on one side of the antlers. This subdivision shall not apply to any county designated by the department within 25 miles of a confirmed detection of Chronic Wasting Disease.

4. Only one elk per day may be taken.

C. Except as noted in subsection E of this section, antlerless deer may be taken only during designated either-sex deer hunting days during the special archery seasons, special muzzleloading seasons, and the general firearms season.

D. Bonus deer permits shall be valid on private land in counties and cities where deer hunting is permitted (except Buchanan, Dickenson, and Wise Counties) during the special archery seasons, special muzzleloading seasons, and the general firearms season. Bonus deer permits shall be valid on public lands, including state parks, state forests, national wildlife refuges, and military areas, as authorized by the managing agency. Unless otherwise posted or authorized in writing for wildlife management areas by the department, or for national forest lands by the U.S. Forest Service, the use of bonus permits is prohibited on department-owned and national forest lands. Bonus deer permits shall be valid for antlerless deer only. Deer taken on bonus permits shall count against the daily bag limit but are in addition to the seasonal bag limit.

E. Deer hunters 15 years of age and younger, including those exempt from purchasing a hunting license and holders of an apprentice hunting license, when in compliance with all applicable laws and license requirements, may take one antlerless deer per license year on days other than designated either-sex deer hunting days during the special muzzleloading seasons or the general firearms season in all counties.

Statutory Authority

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

Historical Notes

Derived from VR325-02-6 § 6, eff. July 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; Volume 13, Issue 18, eff. July 1, 1997; Volume 15, Issue 20, eff. July 7, 1999; Volume 19, Issue 19, eff. July 1, 2003; Volume 22, Issue 19, eff. July 1, 2006; Volume 24, Issue 23, eff. July 1, 2008; Volume 25, Issue 25, eff. August 1, 2009; Volume 27, Issue 23, eff. July 1, 2011; Volume 29, Issue 25, eff. August 15, 2013; Volume 33, Issue 23, eff. August 1, 2017; Volume 35, Issue 22, eff. August 1, 2019; Volume 37, Issue 22, eff. July 1, 2021; Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-90-91. General firearms season either-sex deer hunting days.

A. During the general firearms deer season, deer of either sex may be taken within:

Accomack County: full season.

Albemarle County: full season.

Alleghany County: the second Saturday and the last day.

-National forest lands: the last day.

Amelia County: the second and third Saturdays and the last 13 days.

-Amelia WMA: the second and third Saturdays and the last six days.

Amherst County (east of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River): the second and third Saturdays and the last 29 days.

Amherst County (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River): full season.

-National forest lands: the last day.

Appomattox County: the second and third Saturdays and the last six days.

-Appomattox-Buckingham State Forest: the second and third Saturdays.

-Featherfin WMA: the second and third Saturdays and the last 29 days.

Arlington County: full season.

Augusta County: full season.

-National forest and department-owned lands: the last day.

Bath County: the second Saturday and the last day.

-National forest and department-owned lands: the last day.

Bedford County: full season.

-National forest lands: the last day.

Bland County: the second Saturday and the last two days.

-National forest lands: the second Saturday and the last two days.

Botetourt County: full season.

-National forest and department-owned lands: the last day.

Brunswick County: the second and third Saturdays and the last six days.

Buchanan County: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Buckingham County: the second and third Saturdays and the last six days.

-Horsepen Lake WMA: the second and third Saturdays and the last six days.

-Appomattox-Buckingham State Forest: the second and third Saturdays.

-Featherfin WMA: the second and third Saturdays and the last 29 days.

Campbell County (east of Norfolk Southern Railroad): the second and third Saturdays and the last 29 days.

Campbell County (west of Norfolk Southern Railroad): full season.

Caroline County: the second and third Saturdays and the last six days.

-Mattaponi WMA: the second and third Saturdays and the last six days.

Carroll County: full season.

-National forest and department-owned lands: the second Saturday and the last day.

Charles City County: full season.

-Chickahominy WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Charlotte County: the second and third Saturdays and the last six days.

Chesapeake (City of): full season.

-Cavalier WMA: the second and third Saturdays and the last 13 days.

Chesterfield County: full season.

Clarke County: full season.

Craig County: full season.

-National forest and department-owned lands: the second Saturday and the last two days.

Culpeper County: full season.

-Chester F. Phelps WMA: the second Saturday.

Cumberland County: the second and third Saturdays and the last 13 days.

-Cumberland State Forest: the second and third Saturdays.

Dickenson County: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Dinwiddie County: the second and third Saturdays and the last six days.

Essex County: the second and third Saturdays and the last six days.

Fairfax County: full season.

Fauquier County: full season.

-G. Richard Thompson WMA: the second and third Saturdays and the last 13 days.

-Chester F. Phelps WMA: the second Saturday.

Floyd County: full season.

Fluvanna County: second and third Saturdays and the last 29 days.

-Hardware River WMA: the second and third Saturdays and the last 13 days.

Franklin County: full season.

-Philpott Reservoir: the second Saturday and the last six days.

-Turkeycock Mountain WMA: the second Saturday and the last six days.

Frederick County: full season.

-National forest lands: the last day.

Giles County: full season.

-National forest lands: the second Saturday and the last two days.

Gloucester County: the second and third Saturdays and the last 13 days.

Goochland County: full season.

Grayson County: full season.

-National forest lands and Grayson Highlands State Park: the last day.

Greene County: full season.

Greensville County: the second and third Saturdays and the last six days.

Halifax County: the second and third Saturdays and the last 13 days.

Hanover County: full season.

Henrico County: full season.

Henry County: the second and third Saturdays and the last 13 days.

-Fairystone Farms WMA, Fairystone State Park, and Philpott Reservoir: the second Saturday and the last six days.

-Turkeycock Mountain WMA: the second Saturday and the last six days.

Highland County: the second Saturday and the last day.

-National forest lands: the last day.

-Department-owned lands: the second Saturday and the last day.

Isle of Wight County: full season.

-Ragged Island WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

James City County: full season.

King and Queen County: the second and third Saturdays and the last 13 days.

King George County: the second and third Saturdays and the last 29 days.

King William County: the second and third Saturdays and the last 13 days.

Lancaster County: the second and third Saturdays and the last 29 days.

Lee County: the second Saturday and the last two days.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Loudoun County: full season.

Louisa County: the second and third Saturdays and the last 29 days.

Lunenburg County: the second and third Saturdays and the last six days.

Madison County: full season.

-Rapidan WMA: the second and third Saturdays and the last 13 days.

Mathews County: the second and third Saturdays and the last six days.

Mecklenburg County: the second and third Saturdays and the last six days.

-Dick Cross WMA: the second and third Saturdays and the last six days.

Middlesex County: the second and third Saturdays and the last six days.

Montgomery County: full season.

-National forest lands: the second Saturday and the last day.

Nelson County (east of Route 151): the second and third Saturdays and the last 29 days.

-James River WMA and Tye River WMA: the second Saturday and the last six days.

Nelson County (west of Route 151): full season.

-National forest lands: the last day.

New Kent County: full season.

Northampton County: full season.

Northumberland County: the second and third Saturdays and the last 29 days.

Nottoway County: the second and third Saturdays and the last 13 days.

Orange County: full season.

Page County: full season.

-National forest lands: the last day.

Patrick County: the second and third Saturdays and the last 13 days.

-Fairystone Farms WMA, Fairystone State Park, and Philpott Reservoir: the second Saturday and the last six days.

Pittsylvania County (east of Norfolk Southern Railroad): the second and third Saturdays and the last 29 days.

-White Oak Mountain WMA: the second Saturday and the last three days.

Pittsylvania County (west of Norfolk Southern Railroad): full season.

Powhatan County: full season.

-Powhatan WMA: the second and third Saturdays and the last 13 days.

Prince Edward County: the second and third Saturdays and the last six days.

-Briery Creek WMA: the second and third Saturdays and the last six days.

-Featherfin WMA: the second and third Saturdays and the last 29 days.

-Prince Edward State Forest: the second and third Saturdays.

Prince George County: full season.

Prince William County: full season.

Pulaski County: full season.

-National forest lands: the second Saturday and the last day.

Rappahannock County: full season.

Richmond County: the second and third Saturdays and the last 29 days.

Roanoke County: full season.

-National forest and department-owned lands: the last day.

Rockbridge County: the second Saturday and the last two days.

-National forest and department-owned lands: the last day.

Rockingham County: full season.

-National forest lands: the last day.

-Private lands west of Routes 613 and 731: the second Saturday and the last day.

Russell County: the second Saturday and the last two days.

-Department-owned lands and the Channels State Forest: the last day.

Scott County: the second Saturday and the last six days.

-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Shenandoah County: full season.

-National forest lands: the last day.

Smyth County: full season.

-National forest lands, department-owned lands, and Hungry Mother State Park: the last day.

Southampton County: full season.

Spotsylvania County: full season.

-Oakley Forest WMA: the second and third Saturdays and the last 13 days.

Stafford County: full season.

Suffolk: full season.

Surry County: full season.

-Carlisle and Stewart Tracts of the Hog Island WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Sussex County: full season.

-Big Woods WMA, Flippo-Gentry WMA, and Big Woods State Forest: full season.

Tazewell County: the second Saturday and the last two days.

-National forest and department-owned lands: the last day.

Virginia Beach (City of): full season.

Warren County: full season.

-National forest lands: the last day.

Washington County: the second Saturday and the last six days.

-National forest lands, department-owned lands, and the Channels State Forest: the last day.

Westmoreland County: the second and third Saturdays and the last 29 days.

Wise County: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.

Wythe County: full season.

-National forest and department-owned lands: the second Saturday and the last two days.

York County: full season.

B. Except as provided in the subsection A of this section, deer of either sex may be taken full season during the general firearms deer season within the incorporated limits of any city or town, state park, national wildlife refuge, or military installation that allows deer hunting or within any common interest community participating in the special urban archery season according to provisions of 4VAC15-90-70.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 22, Issue 19, eff. July 1, 2006; amended, Virginia Register Volume 24, Issue 23, eff. July 1, 2008; Volume 25, Issue 25, eff. August 1, 2009; Volume 27, Issue 23, eff. July 1, 2011; Volume 29, Issue 25, eff. August 15, 2013; Volume 30, Issue 24, eff. August 1, 2014; Volume 31, Issue 25, eff. August 1, 2015; Volume 33, Issue 23, eff. August 1, 2017; Volume 35, Issue 22, eff. August 1, 2019; Volume 37, Issue 22, eff. July 1, 2021; Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-90-100. (Repealed.)

Historical Notes

Derived from VR325-02-6 §§ 7 to 7.2, eff. July 1, 1991 or July 1, 1995; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; Volume 13, Issue 18, eff. July 1, 1997; Volume 15, Issue 20, eff. July 7, 1999; Volume 17, Issue 19, eff. July 4, 2001; Volume 19, Issue 19, eff. July 1, 2003; repealed, Virginia Register Volume 22, Issue 19, eff. July 1, 2006.

4VAC15-90-130. (Repealed.)

Historical Notes

Derived from VR325-02-6 § 7.3, eff. July 1, 1995; repealed, Virginia Register Volume 15, Issue 20, eff. July 7, 1999.

4VAC15-90-140. (Repealed.)

Historical Notes

Derived from VR325-02-6 § 8, eff. July 15, 1992; repealed, Virginia Register Volume 11, Issue 18, eff. July 1, 1995.

4VAC15-90-141. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 15, Issue 20, eff. July 7, 1999; amended, Virginia Register Volume 17, Issue 19, eff. July 4, 2001; Volume 19, Issue 19, eff. July 1, 2003; repealed, Virginia Register Volume 22, Issue 19, eff. July 1, 2006.

4VAC15-90-150. (Repealed.)

Historical Notes

Derived from VR325-02-6 § 9, eff. July 15, 1992; repealed, Virginia Register Volume 10, Issue 23, eff. September 8, 1994.

4VAC15-90-160. (Repealed.)

Historical Notes

Derived from VR325-02-6 §§ 10, 11, eff. July 1, 1991 or July 15, 1992; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; Volume 13, Issue 18, eff. July 1, 1997; Volume 15, Issue 20, eff. July 7, 1999; Volume 17, Issue 19, eff. July 4, 2001; Volume 19, Issue 19, eff. July 1, 2003; repealed, Virginia Register Volume 22, Issue 19, eff. July 1, 2006.

4VAC15-90-180. (Repealed.)

Historical Notes

Derived from VR325-02-6 § 12, eff. July 15, 1992; repealed, Virginia Register Volume 11, Issue 18, eff. July 1, 1995.

4VAC15-90-190. (Repealed.)

Historical Notes

Derived from VR325-02-6 §§ 13 to 14.2, eff. July 1, 1991 and August 26, 1993; amended Virginia Register Volume 9, Issue 22, eff. August 6, 1993; Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; derived from or amended, Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 20, eff. July 7, 1999; Volume 17, Issue 19, eff. July 4, 2001; Volume 19, Issue 19, eff. July 1, 2003; repealed, Virginia Register Volume 22, Issue 19, eff. July 1, 2006.

4VAC15-90-230. [Expired].

Historical Notes

Derived from VR325-02-6 § 15, eff. July 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; Volume 19, Issue 19, eff. July 1, 2003.

4VAC15-90-231. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 19, eff. July 1, 2004; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 27, Issue 23, eff. July 1, 2011; Volume 29, Issue 25, eff. August 15, 2013; Volume 31, Issue 25, eff. August 1, 2015; Volume 37, Issue 22, eff. July 1, 2021; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-90-240. [Expired].

Historical Notes

Derived from VR325-02-6 § 16, eff. July 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; Volume 17, Issue 19, eff. July 4, 2001; Volume 19, Issue 19, eff. July 1, 2003.

4VAC15-90-241. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 19, eff. July 1, 2004; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 27, Issue 23, eff. July 1, 2011; Volume 29, Issue 25, eff. August 15, 2013; Volume 37, Issue 22, eff. July 1, 2021; repealed, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-90-250. (Repealed.)

Historical Notes

Derived from VR325-02-6 § 17, eff. July 1, 1991; amended, Volume 10, Issue 23, eff. September 8, 1994; amended, Virginia Register Volume 11, Issue 18, eff. July 1, 1995; Volume 13, Issue 18, eff. July 1, 1997; repealed, Virginia Register Volume 15, Issue 20, eff. July 7, 1999.

4VAC15-90-260. Hunting with dogs prohibited in certain counties and areas.

A. Generally. It shall be unlawful to hunt deer with dogs in the counties of Amherst (west of Business U.S. 29 from the James River to its intersection with U.S. 29 just south of the Town of Amherst continuing north on U.S. 29 to the Tye River), Bedford, Campbell (west of Norfolk Southern Railroad, and in the City of Lynchburg), Fairfax, Franklin, Henry, Loudoun, Nelson (west of Route 151), Northampton, Patrick and Pittsylvania (west of Norfolk Southern Railroad); and on the Amelia, Chester F. Phelps, G. Richard Thompson and Pettigrew Wildlife Management Areas, except that tracking dogs as defined in § 29.1-516.1 of the Code of Virginia may be used.

B. Special provision for Greene and Madison counties. It shall be unlawful to hunt deer with dogs on the Saturday prior to the third Monday in November and for 13 consecutive days following in the Greene and Madison Counties, except that tracking dogs as defined in § 29.1-516.1 of the Code of Virginia may be used.

C. It shall be unlawful to hunt deer with dogs in any county or city during open deer season for antlerless deer only as defined in 4VAC15-90-10.

Statutory Authority

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

Historical Notes

Derived from VR325-02-6 § 18, eff. July 15, 1992; amended, Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; Volume 27, Issue 25, eff. August 1, 2011; Volume 29, Issue 25, eff. August 15, 2013; Volume 30, Issue 24, eff. August 1, 2014; Volume 37, Issue 22, eff. July 1, 2021.

4VAC15-90-270. (Repealed.)

Historical Notes

Derived from VR325-02-6 § 19, eff. July 1, 1977; amended, Volume 10, Issue 23, eff. September 8, 1994; Volume 11,Issue 18, eff. July 1, 1995; repealed, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

4VAC15-90-280. Sale of cervid parts and cervid mounts.

Provided that no extraneous muscle tissue is attached, it shall be lawful to purchase or sell the hair, hide, tail, sinew, skull, antlers, bones, and feet of a legally possessed cervid carcass or cervid carcass part, any products made from these deer parts, and cervid mounts.

Statutory Authority

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

Historical Notes

Derived from VR325-02-6 § 20; amended, Volume 10, Issue 23, eff. September 8, 1994; Volume 11, Issue 18, eff. July 1, 1995; Volume 13, Issue 18, eff. July 1, 1997; Volume 33, Issue 23, eff. August 1, 2017.

4VAC15-90-290. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 37, Issue 5, eff. January 1, 2021; repealed, Virginia Register Volume 38, Issue 2, eff. September 1, 2021.

4VAC15-90-291. Enclosed or fenced areas that prevent or impede the free egress of deer.

A. Pursuant to § 29.1-525.1 A and B of the Code of Virginia, an enclosed or fenced area having any of the following attributes shall be deemed to prevent or impede the free egress of deer:

1. A fence greater than 61 inches high anywhere along its entire length;

2. A fence greater than 61 inches high that incorporates any topographic or other physical barrier that prevents or impedes the free egress of deer; or

3. A fence or other barrier 61 inches or less in height having any attribute that prevents or impedes the free egress of deer, including being slanted, doubled, offset, or electrified.

B. This section shall not apply to enclosures and lands exempted under § 29.1-525.1 C and D of the Code of Virginia.

C. The director or his designee may grant exceptions for an enclosed or fenced area having any of the above attributes where necessary for bona fide agricultural livestock operations.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 22, Issue 19, eff. July 1, 2006; amended, Virginia Register Volume 33, Issue 23, eff. August 1, 2017.

4VAC15-90-292. [Reserved].

Historical Notes

Derived from Virginia Register Volume 22, Issue 19, eff. July 1, 2006.

4VAC15-90-293. Unauthorized cervid parts, excretions, and carcass importation, movement, possession, and use.

A. The following words or terms, when used in 4VAC15-40-285, this section, and 4VAC15-90-294, shall have the following meanings unless the context clearly indicates otherwise:

"Cervid" means any member of the deer family Cervidae, including white-tailed deer, fallow deer, sika deer, elk, and reindeer.

"Import" means to transport a carcass or carcass parts, other than those outlined in subsection B of this section, into the Commonwealth in such a manner that the carcass or carcass parts are removed from their place of storage within a vehicle or other conveyance and placed or deposited within the Commonwealth. Deer harvested on properties that span the Commonwealth's boundary with an adjoining state shall not be considered imported.

B. No person shall import or possess any carcass or part of a carcass of any member of the family Cervidae (deer) originating outside of the Commonwealth, except that the following carcass parts may be imported and possessed:

1. Boned-out meat;

2. Quarters or other portions of meat with no part of the spinal column or skull attached;

3. Hides or capes with no skull attached;

4. Clean (no meat or tissue attached) skulls or skull plates with or without antlers attached;

5. Clean (no meat or tissue attached) lower jaw bones;

6. Antlers (with no meat or tissue attached);

7. Upper canine teeth (buglers, whistlers, or ivories); and

8. Finished taxidermy products.

A legible label shall be affixed to packages or containers containing the allowed carcass parts bearing the following information: the species of animal, the state or province from where the animal originated, and the name and address of the person who either killed or possesses the allowed parts in the Commonwealth.

C. Any person who imports into Virginia any deer carcass or parts described in subsection A of this section and is notified that the animal has tested positive for Chronic Wasting Disease must report the test results to the department within 72 hours of receiving the notification. In order to facilitate the proper disposal of any infected material, the department may take into possession any imported carcass or carcass part of an animal if the animal has tested positive for Chronic Wasting Disease.

D. No person shall transport any carcass or part of a carcass of any cervid out of any area designated by the department as a disease management area, except:

1. Carcass parts enumerated in subsection B of this section; or

2. Carcasses and parts transported to other locations or areas within the Commonwealth designated by the department or to specified locations in other states and provinces where it is legal to import such materials, provided that such carcasses or parts are transported without delay and secured within a vehicle or other conveyance during transit.

Provided further that, except for carcass parts enumerated in subsection B of this section, no person shall transport any carcass or part of a carcass of any cervid between administrative units of a disease management area when prohibited by the department. Provisions of this section shall not apply to employees of the department or another government agency, or their designees, working in an official disease investigation or management capacity.

E. No person shall for the purposes of taking or attempting to take, attracting, or scouting any wild animal in Virginia possess or use any substance or material that contains or purports to contain any excretion collected from a cervid, including feces, urine, blood, gland oil, or other bodily fluid.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 22, Issue 6, eff. November 1, 2005; amended, Virginia Register Volume 27, Issue 23, eff. July 1, 2011; Volume 29, Issue 25, eff. August 15, 2013; Volume 30, Issue 24, eff. August 1, 2014; Volume 31, Issue 25, eff. August 1, 2015; Volume 35, Issue 22, eff. August 1, 2019; Volume 37, Issue 22, eff. July 1, 2021.

4VAC15-90-294. Rehabilitation of cervids.

A. For the purposes of this section:

"Juvenile" means any cervid less than one year of age on December 31 of the current calendar year.

"Adult" means any cervid greater than one year of age on December 31 of the current calendar year.

B. No person permitted by the department to rehabilitate cervids may rehabilitate or release adult cervids. Rehabilitators permitted by the department may transport and temporarily possess adult cervids solely for the purpose of immediate humane dispatch but must notify the department immediately after the deer has been dispatched.

C. Juvenile cervids requiring continued rehabilitation beyond December 31 of the current calendar year shall not be transported, possessed, released, or rehabilitated without written authorization from the department.

D. Cervids that originate within an area designated by the department for disease management shall not be transported or possessed for the purposes of rehabilitation. If such a cervid is brought to a rehabilitator permitted by the department, the permittee shall hold the cervid in isolation and immediately notify the department.

E. Cervids from any county (including the cities and towns therein) containing an area designated by the department for cervid disease management may be rehabilitated and released in the county of origin only if the cervid originated from a portion of the county outside the disease management area.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 29, Issue 25, eff. August 15, 2013; amended, Virginia Register Volume 33, Issue 23, eff. August 1, 2017.

4VAC15-90-500. Elk hunting outside the Elk Management Zone.

A. Open season. Except as otherwise provided by 4VAC15-90-510, it shall be lawful to hunt elk of either sex during (i) the general firearms deer seasons as prescribed by 4VAC15-90-10 and 4VAC15-90-23, (ii) the special archery seasons as prescribed by 4VAC15-90-70, and (iii) the special muzzleloading seasons as prescribed by 4VAC15-90-80 with bag limits as prescribed in 4VAC15-90-90.

B. Upon killing an elk. Any licensed or permitted hunter shall validate a tag on that hunter's special license for hunting deer and turkey or bonus deer permit and check the elk in accordance with 4VAC15-40-290. Upon receiving a confirmation number, the hunter must call the department to schedule an inspection of the carcass and the site of kill for the collection of biological samples.

C. Checking elk by persons exempt from license requirements or holding a license authorization number. Upon killing an elk, any person (i) exempt from license requirement as prescribed in § 29.1-301 of the Code of Virginia, (ii) issued a complimentary license as prescribed in § 29.1-339 of the Code of Virginia, (iii) holding a permanent license issued pursuant to § 29.1-301 E of the Code of Virginia, or (iv) holding a Virginia license authorization number issued by a telephone or electronic media agent pursuant to § 29.1-327 B of the Code of Virginia shall check the elk in accordance with 4VAC15-40-290. Upon receiving a confirmation number, the hunter must call the department to schedule an inspection of the carcass and the site of kill for the collection of biological samples.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 37, Issue 22, eff. July 1, 2021; amended, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-90-510. Elk hunting within the Elk Management Zone.

A. It shall be lawful to hunt elk within the Elk Management Zone from the second Saturday in October through the following Friday, both dates inclusive.

B. The seasonal bag limit for elk shall be one per season as prescribed on the special elk hunting license. The department shall determine the number and type of special elk hunting licenses distributed within a season and license year.

C. Except as provided in 4VAC15-90-540 or 4VAC15-90-550 individuals selected to purchase a special elk hunting license shall not be eligible to receive a subsequent special elk hunting license for a period of three years.

D. All licensed elk hunters and persons accompanying elk hunters are required to wear or display a blaze color as described in § 29.1-530.1 of the Code of Virginia.

E. Upon killing an elk, any licensed hunter shall validate the tag on the hunter's special elk hunting license and report the elk in accordance with procedures outlined in 4VAC15-40-290. Upon receiving a confirmation number, the hunter must call the department to schedule an inspection of the carcass and the site of kill for the collection of biological samples.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 37, Issue 22, eff. July 1, 2021; amended, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-90-520. Special provisions for hunting elk within the Elk Management Zone.

A. It shall be unlawful for any person to destroy the identity of the sex of any harvested elk unless and until requirements outlined in this section are met. Successful elk hunters are allowed to dismember the carcass to pack it out from the place of kill as long as evidence of the sex remains naturally attached to a major portion of the meat. Once the requirements for tag validation, reporting, and biological sampling have been met in accordance with 4VAC15-90-510, evidence of sex is no longer required.

B. Any elk found in the possession of any person without a validated (notched) license tag or documentation that the elk has been reported in accordance with 4VAC15-90-510 shall be forfeited to the Commonwealth to be disposed of as provided by law.

C. It is unlawful for a person to fail to reasonably attempt to dress, care for, and remove from the field the edible portions of any harvested elk, at a minimum that includes the meat from front shoulders, back quarters, and back-straps. Violation of this subsection shall constitute wanton waste for the purposes of section § 29.1-553.1 of the Code of Virginia.

D. It shall be unlawful to hunt elk with dogs. This subsection shall not prohibit the use of tracking dogs, which may be used in accordance with § 29.1-516.1 of the Code of Virginia.

E. It shall be unlawful to drive elk from any area, including man-drives, pushing with vehicles, or any other human action that is intended to cause animals to move into a harvestable situation.

F. The special elk hunting license shall be valid on all private land, with written permission from the landowner, within the Elk Management Zone. The special elk hunting license shall also be valid on public lands as designated on an individual's special elk hunting license. This is only applicable to special elk hunting licenses awarded through the random drawing and conservation license programs.

G. Elk hunters 15 years of age and younger or holders of an apprentice hunting license must be accompanied by and directly supervised by an adult who has a valid Virginia hunting license or is exempt from purchasing a hunting license. Adult hunters accompanying youth or apprentice hunters on a special elk hunt may not carry or discharge weapons.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 37, Issue 22, eff. July 1, 2021.

4VAC15-90-530. Special elk hunting license, random drawing license program.

A. The dates for the annual application period to enter the random drawing for a special elk hunting license shall be published by the department annually and shall be no less than 30 days in duration. Individuals selected for special elk hunting licenses via the random drawing shall be notified no less than 60 days prior to the start of the elk hunt, and special elk hunting licenses must be purchased from the department within 30 days of notification.

B. To enter the random drawing for a special elk hunting license, applicants shall:

1. Complete the application for a special elk hunting license as provided by the department.

2. Pay a nonrefundable application fee.

3. Apply only once for each random drawing.

C. Nonresidents shall not comprise more than 10%, or one drawn applicant, whichever is greater, of all drawn applicants in any application pool for the random drawing license program.

D. Applicants who physically reside within the Elk Management Zone shall comprise no less than 10%, or a minimum of one, whichever is greater, of all drawn applicants in any application pool for the random drawing license program.

E. A special elk hunting license awarded through the Random Drawing License Program shall not be transferable.

F. An applicant drawn for a special elk hunting license may be rejected if it is determined that the applicant has been convicted of two or more wildlife violations within three years prior to the last date of the application period. In determining an applicant's eligibility, the director shall take into account the nature and severity of the violations.

G. The department will award unclaimed special elk hunting licenses to alternates who are drawn during the initial application and draw period in the order that the alternates are drawn.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 37, Issue 22, eff. July 1, 2021; amended, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-90-540. Special elk hunting license, Landowner License Program.

A. Upon receipt of a valid Landowner License Program application from a landowner within the Elk Management Zone, the director or the director's designee shall verify the application materials and have sole discretion in enrolling the property in the Landowner License Program. The application deadline shall be published by the department annually no less than 30 days prior to the deadline.

B. A valid Landowner License Program application shall include:

1. Landowner's name, home address, telephone number, and address of the property to be enrolled in the program.

2. A recorded survey or other legal documentation certifying the acreage and ownership of the property to be enrolled.

3. Original signature of the landowner.

4. Only a single application per license year, per landowner.

C. Landowners enrolled in the Landowner License Program maintain the right to limit access to certain areas of the property for safety or privacy reasons. Areas of limited access must be outlined in the initial application. Enrollment in the Landowner License Program does not preclude or limit in any way the landowner from allowing other hunting or other hunters on the property.

D. The department shall determine and make available to the public a program guidance document outlining how landowners enrolled in the Landowner License Program shall accrue points toward a special elk hunting license, the number of points necessary to be awarded such license, a list of criteria by which applications and associated properties will be evaluated for enrollment in the program, and other program requirements. The program guidance document will be published annually no less than 30 days prior to the application deadline.

E. Landowners who accrue the necessary number of points, as defined in the program guidance document, on an enrolled property may enter a landowner lottery for a special elk hunting license. Once a special elk hunting license is awarded through the lottery, the landowner loses all accrued points. There is no time limit over which a landowner is required to accrue license points. Landowners shall not combine points from separate enrolled properties.

F. Landowners enrolled in the Landowner License Program shall not subdivide contiguous properties under the same ownership into multiple, smaller parcels for the purposes of this program.

G. License points cannot be sold or traded. License points are nontransferable if the property changes ownership, except that if the property is inherited from parents, grandparents, or children, resident or nonresident, license points may be transferred. The department may request documentation to certify the relationship between seller and purchaser as well as a copy of bill of sale.

H. Landowners receiving a special elk hunting license shall comply with all of the requirements established in this section as well as 4VAC15-90-510, 4VAC15-90-520, and § 29.1-305.01 of the Code of Virginia. Landowners who fail to comply with this chapter may forfeit any accrued license points and may not be eligible to accrue new license points.

I. A special elk hunting license awarded to the landowner shall only be used on the property enrolled with the department in the Landowner License Program.

J. A landowner may transfer the special elk hunting license to any person eligible to hunt in Virginia. The special elk hunting license may not be sold. Transfer of the special elk hunting license must be reported to the department no less than one month prior to the opening day of the elk hunting season during the year in which the special elk hunting license is awarded. To report a transfer to the department, the landowner shall provide the department with the hunter's:

1. Name;

2. Department customer identification number;

3. Address; and

4. Telephone number.

K. A landowner shall not charge a fee for hunters to hunt elk on properties enrolled in the Landowner License Program except as described in the program guidance document.

L. A special elk hunting license transferee may be rejected if it is determined that the transferee has been convicted of two or more wildlife violations, within three years prior to the last date of the application period. In determining the transferee's eligibility, the director shall take into account the nature and severity of the violations.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 37, Issue 22, eff. July 1, 2021; Errata, 38:13 VA.R. 2075 February 14, 2022; amended, Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-90-550. Special elk hunting license, Conservation License Program.

A. For the purposes of this section, the following words or terms shall have the following meanings, unless the context clearly indicates otherwise:

"Individual, cooperators, or wildlife conservation organizations" means those people or entities whose mission is to promote and ensure the conservation of Virginia's wildlife resources or to promote opportunities for hunting, fishing, trapping, boating, or other wildlife-related recreation within Virginia.

"Proceeds" means the amount of money received by the cooperator or organization from the transfer of a reserved special elk hunting license minus all expenses, including the fees associated with the license, and administrative costs directly attributable to the transfer of the permit or the implementation of the defined project.

B. Upon receipt of a valid Conservation License Program application from an officer or other designated official representative of any individual, cooperator, or wildlife conservation organization, the director or the director's designee shall verify the application materials and may select a program awardee annually. Applications must be received or postmarked no later than April 1 to be eligible for the Conservation License Program during that calendar year.

C. A valid Conservation License Program application shall include:

1. Cooperator or organization name, name of the individual designated to submit and receive official correspondence, address for such correspondence, and a telephone number.

2. Cooperator or organization mission statement.

3. A written application describing:

a. Cooperator or organization role in wildlife conservation in Virginia.

b. Cooperator or organization purpose and intent for requesting a reserved special elk hunting license through the Conservation License Program.

c. Cooperator or organization proposal for method of generating funds from transfer of the reserved special elk hunting license to an eligible individual.

d. Cooperator or organization strategy to direct proceeds received from the transfer of the reserved special elk hunting license and any matching funding toward wildlife conservation or wildlife-related recreation in Virginia's Elk Management Zone.

D. The director shall establish a Conservation License Program Committee to review program applications and submit a recommendation to the director to reserve no more than one special elk hunting license for a cooperator or organization whose application is deemed to provide the greatest benefit to wildlife conservation and wildlife-related recreation in Virginia per license year. This committee shall be composed of a minimum of three individuals and make a recommendation to the director by May 1 each year.

E. A cooperator or organization receiving a reserved special elk hunting license must direct all proceeds from the transfer of such reservation, toward a project to improve and enhance wildlife habitat, wildlife populations, or wildlife-related recreation within the Elk Management Zone. The proposed strategy and requirements will be outlined in a memorandum of agreement between the department and the cooperator or organization.

F. A cooperator or organization may transfer the reserved special elk hunting license to any person eligible to hunt in Virginia. The generation of funds from the transfer of the reserved special elk hunting license may only be conducted through a raffle.

G. Transfer of the reserved special elk hunting license must be reported to the department no less than one month prior to the opening day of the elk hunting season during which the special elk hunting license is valid. To report a transfer to the department, the cooperator or organization shall provide the department with the hunter's:

1. Name;

2. Department customer identification number;

3. Address; and

4. Telephone number.

H. A special elk hunting license transferee may be rejected if it is determined that the transferee has been convicted of two or more wildlife violations within three years prior to the last date of the application period. In determining the transferee's eligibility, the director shall take into account the nature and severity of the violations.

I. A cooperator or organization that receives a reserved special elk hunting license shall submit an annual report to the department regarding any proceeds received from the transfer of the reserved license and an accounting of how those funds were directed toward wildlife conservation or wildlife-related recreation in the Elk Management Zone.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 37, Issue 22, eff. July 1, 2021; Errata, 38:13 VA.R. 2075 February 14, 2022.