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.
I am a hunter and I do not hunt on land I do not own, lease, or have permission to be on. I do not believe this should be any different for a hunter using dogs. The onus of keeping dogs off property that they do not have permission to be on should lie squarely on the shoulders of the man or woman releasing the dogs…if the hunter does not own it, lease it or have written permission to be on it they are on prohibited property.
It is impossible for a landowner to identify a loose hunting dog and its corresponding owner unless the dog has some clearly visible unique identifier on it.
Suggested re-phrasing: Any hunter using dogs shall make reasonable efforts to prevent his dogs from entering property they do not own, lease or have written permission to hunt on. All other property shall be considered prohibited for the purposes of this regulation.
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.
Suggested Re-phrasing: 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 prohibited 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 any 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.
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.
This section should be deleted
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.
As written this gives a hunter three free passes to hunt on prohibited property each year with no consequence whatsoever. After the third time they just have to provide a credible excuse…it has no teeth and it’s not enforceable.
Suggested re-phrasing: Notwithstanding the requirement that reasonable efforts be made at all times, presence of the hunter’s deer or bear dogs on prohibited property on three or more occasions within any 2 year period shall create a presumption that reasonable efforts have not been undertaken.
As Re-written with suggestions:
4VAC15-40-320
Any hunter using dogs shall make reasonable efforts to prevent his dogs from entering property they do not own, lease or have written permission to hunt. All other property shall be considered prohibited for the purposes of this regulation.
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 prohibited 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 any 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.
Notwithstanding the requirement that reasonable efforts be made at all times, presence of the hunter’s dogs on prohibited property on three or more occasions within any 2 year period shall create a presumption that reasonable efforts have not been undertaken.
