Virginia Regulatory Town Hall

Proposed Text

highlight

Action:
Adding Section 320: Reasonable efforts for deer and bear hunting ...
Stage: Proposed
3/25/24  11:54 AM
 
4VAC15-40-320 Reasonable efforts for deer and bear hunting with dogs

A. A deer or bear hunter using dogs shall make reasonable efforts to prevent his dogs from entering a landowner’s property after receiving notification that his hunting dogs are not desired on the landowner’s property. The notification may be made by either (i) individual communication from the landowner or his agent; or (ii) a Conservation Police Officer, following receipt of a valid complaint that the hunter’s dogs have been present on the landowner’s property without permission.

B. The hunter shall determine the type and number of efforts to be implemented on a site-specific basis. The efforts selected, whether individually or in combination, shall be reasonably expected to be effective in preventing the hunter’s dogs from entering the landowner’s property. They may include considerations such as: (i) the number and breed of dogs cast; (ii) casting locations; (iii) timing of hunts; (iv) stander and handler locations and actions; (v) retrieval efforts; (vi) use of tracking or correction technology; (vii) if desired by the landowner, landowner notification; (viii) the development of a written plan for the hunt; or (ix) other considerations appropriate to the circumstances. Efforts shall be amended if initially unsuccessful.

C. The hunter may discontinue efforts undertaken to comply with subsection B if the landowner grants written permission for the hunter’s dogs to be present on his property.

D. Notwithstanding the requirement that reasonable efforts be made at all times following notification, presence of the hunter’s deer or bear dogs on the landowner’s property without permission on two or more occasions within any 12-month period following receipt of the initial notification shall create a rebuttable presumption that reasonable efforts have not been undertaken.