Proposed Regulation Amendment

4VAC15-90-241. Game: Deer. Checking deer by persons exempt from license requirement or holding a license authorization number.

Summary

The proposal is to require that upon killing a deer within an area designated by the department for deer disease management and on days designated by the department, the hunter must present the carcass, on the same day the deer was killed, at a location designated by the department.

Text of Regulation

Rationale

Adding the new subsection regarding mandatory deer disease sampling will conform this regulation to the Chronic Wasting Disease (CWD) management actions that have been in effect since April 2010 under the Director's authority per 4VAC15-20-220. Boundaries of the area designated (i.e., Containment Area), locations where carcasses will be sampled, and dates when carcasses must be sampled were not specified in the regulation so that the Department can update these, as needed, and designate them annually via the hunting law digest, the agency website, and press releases. CWD management actions did not require regulation changes, and changes have not been sought so that management flexibility could be maintained during the first few years following CWD detection in Virginia. However, the absence of regulations related to specific management actions has hindered prosecution of some violations of requirements. Given that the agency's deer disease management approach is not likely to change in the near future, current management actions can now be established in regulation. If necessary, modifications to management actions can be made under Director's authority between regulation cycles.

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