Action | Adding Section 320: Reasonable efforts for deer and bear hunting with dogs. |
Stage | Proposed |
Comment Period | Ended on 7/5/2024 |
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DWR Proposal 7:
"Reasonable Effort" needs to be better defined. The burden of proof should be on the Hound Hunter the hound hunter and hunt club through means of efforts clearly outlined within the existing regulations and following the regulations and Code of Virginia concerning seeking landowner permission and not entering Posted/Prohibited property, not utilizing vehicles, not being armed, using GPS/Tracking Collars, their Drivers and Stand Hunters positioned in a manner that intercepts the dogs well within the property the hound hunters lease, own or have written permission to hunt on.
Reasonable Efforts should also be defined as every available measure and step has been taken by hound hunters, drivers, hunt clubs and hunt club guests to contain hounds on lands permitted and to mitigate and prevent hound trespass/ nuisance hound activity/ hound entering adjacent properties hounds are not permitted to be on and where land is prohibited via posted signs and non-posted property that hunt clubs, hound hunters and hounds are not permitted to hunt, retrieve or track game, enter or otherwise utilize via written permission from the landowner or the landowner representative.
Reasonable efforts of preventing Vehicles including trucks, SUVs, UTVs, ATVs and other vehicles from blocking or otherwise access, enter or park on land, driveways, in front of gates, right of ways, private driveways on property they do not have permission from the landowner or their representative should also be included in this definition.
The hunt club members, hound hunters and drivers must be positioned in a way within the confines of the land they have permission to hunt on including leases, owned property or field trial areas in an effective manner away from property lines and setup to intercept, deter, turn, capture or otherwise detain hounds and contain hounds from entering property they do not have permission to be on.
Topographic and Area Maps, platts, On X, Huntstand and other online hunting apps with maps showing boundaries and property lines, posted signs, painted trees, property markers, all are available to identify boundaries for both landowners and hunters/hunt club members. There is no excuse for these hound hunters or clubs not to seek permission from landowners.
With the available technology, hunting map apps, printed maps, proclaimed years of hunting on their leased property, hunt club member briefings and planning prior to hunts there is no excuse for hound hunters, hunt clubs, drivers or drivers to not know the boundaries, property lines, their hunting stands, property markers and area familiarization.
It is not only the landowner's burden to show or demonstrate or prove reasonable effort on their part.
Landowners already demonstrate their reasonable efforts to identify and announce their land is off limits and access to hunt or enter the property has been denied. They post their land, build fences, have gates, property lines are marked, boundary markers are in place, mailboxes, homes, livestock, barns and outbuildings. There are also landowners that give written permission to hunters that seek permission to hunt their land. Landowners also have platts, deeds and titles to their land as proof.
Still Hunters are Hunters as well. Landowners hunt and when dogs and hound hunters trespass or cross property lines they impede those individual hunting on their property they own, have permission to be on, pay taxes on, pay good money to maintain and improve their land, the habitat and their property.
All repeated hound trespass and hound activity on land hounds, hound hunters, drivers, their vehicles or stands are not permitted to be on are to be reported and recorded as individual incidents with the known number of hounds or personnel without permission and treated as an isolated incident that compounds into multiple incidents with separate reports, log numbers and entries in the data base like you're doing now with the hound report only more specific and more detailed.
- Multiple calls equal multiple incidents, separate reports even if they occur on the same day with a date, time and number of hounds identified in the report.
- Failure of a hunter to identify themselves to a landowner
All Video, Photographic and written statements provided by the landowner that effectively counters, neutralizes, contradicts hound hunter, hunt club and driver statements need to be treated as 100% proof the hounds are:
- being intentionally released
- on property they do not have permission to be on
- livestock, pets or people injured
- property damage by hound hunters
- trespass using vehicles, firearms or individuals
- sign damage
- Posted or Non-Posted Land
- No attempt to retrieve hounds prior to entering adjacent property
- Failure of a hunter to identify themselves to a landowner
- Opening gates, leaving them open, damaging fences
Threatening landowners
There are numerous opportunities to educate Hunt Club members to get familiar with and educated on their leased property and property they're authorized/permitted to hunt or access.
There are opportunities for hunt club presidents or vice presidents or hunt club representatives to reach out to and establish a good working relationship with neighboring landowners.
Hunt Clubs operate all year in non-hunting and hunting related activities around the club and kennels and more so during the pre-season general firearms preparation including work days where they clean up and set up and identify stands, feed and water dogs, maintain equipment and shoot at their range if applicable.
Hunt Clubs and their members can take that time to train their members while conducting their duties and work details.
The hunt clubs can Identify boundaries and train their Drivers, Members and also plan for guest hunters and guest drivers to operate and navigate the leased or permitted property the Hunt Club is authorized to be on.
Hound drivers can take the opportunity during work days to practice handling dogs
Club Presidents and Members can take the opportunities to not only map and clearly mark and identify stands they can also review and clearly identify property lines and boundaries along with Posted Signs, Fencelines as well as reach out to land owners and seek mutual cooperation.
The Hunt Club President and drivers can emphasize clear limits of advance along property lines increasing the containment of hounds and hunters/members limiting and curtailing hunter and hound movement across property lines.
Education:
Hunters also need to be educated not just landowners. Hunters need to be educated on available technology, Landowner interaction, Identifying themselves upon request, Boundary lines, Property lines, traffic and activities prohibited item on and along roads, right of ways and property lines.
Hunt clubs, Hound Hunters and Hunters need to be educated on seeking permission, cross communication, Identifying themselves upon request (legal requirement)
Landowners need to be educated on property lines, cross communication, marking their property lines and establishing clear avenues of communication with law enforcement and hunters that may seek permission or may in fact be trespassing, hound trespass or aggression from hound hunters and actions land owners should take upon such an interaction such as detailed reporting and recording of the incident.
Landowners should be encouraged to prosecute and seek prosecution of trespassers, aggressive hound hunters, repeated offenses by hunters, those blocking their property access and egress.
Law enforcement also needs to be educated on the crimes and activities reported and enforce them. (State, Sheriff’s Deputies and DWR)
Judges need to be educated as well and be willing to enforce game laws.