Virginia Department of Wildlife Resources

2. Public Participation Guidelines (Title 4, Chapter 10) 4VAC15-10-20

Provisions: 9 0 9 0 0 Req: 0

3. Public Participation Guidelines (Title 4, Chapter 10) 4VAC15-10-30

Provisions: 23 0 23 0 0 Req: 7

4. Public Participation Guidelines (Title 4, Chapter 10) 4VAC15-10-40

5. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-10

6. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-20

7. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-30

8. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-40

9. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-50

10. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-60

11. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-65

12. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-66

Provisions: 4 0 4 0 0 Req: 7

13. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-70

14. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-75

Provisions: 11 0 11 0 0 Req: 1

15. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-90

16. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-100

Provisions: 7 0 6 1 0 Req: 3

17. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-110

18. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-120

Provisions: 4 0 4 0 0 Req: 6

19. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-130

Provisions: 10 0 9 1 0 Req: 8

20. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-140

Provisions: 9 0 9 0 0 Req: 0

21. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-151

Provisions: 5 0 5 0 0 Req: 1

22. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-152

23. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-155

Provisions: 7 0 7 0 0 Req: 14

24. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-160

Provisions: 4 0 3 1 0 Req: 1

25. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-180

26. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-190

27. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-200

Provisions: 2 0 1 1 0 Req: 1

28. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-210

Provisions: 4 0 3 1 0 Req: 0

29. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-220

Provisions: 4 0 4 0 0 Req: 5

30. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-230

31. Definitions and Miscellaneous: In General (Title 4, Chapter 20) 4VAC15-20-240

Provisions: 5 0 5 0 0 Req: 2

32. Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals (Title 4, Chapter 30) 4VAC15-30-5

33. Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals (Title 4, Chapter 30) 4VAC15-30-7

34. Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals (Title 4, Chapter 30) 4VAC15-30-10

35. Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals (Title 4, Chapter 30) 4VAC15-30-20

Provisions: 3 0 2 1 0 Req: 3

36. Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals (Title 4, Chapter 30) 4VAC15-30-30

37. Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals (Title 4, Chapter 30) 4VAC15-30-40

Provisions: 11 0 11 0 0 Req: 22

38. Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals (Title 4, Chapter 30) 4VAC15-30-50

Provisions: 6 0 6 0 0 Req: 8

39. Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals (Title 4, Chapter 30) 4VAC15-30-60

40. Birds: Incidental Take of Bird Species (Title 4, Chapter 35) 4VAC15-35-10

41. Birds: Incidental Take of Bird Species (Title 4, Chapter 35) 4VAC15-35-20

42. Birds: Incidental Take of Bird Species (Title 4, Chapter 35) 4VAC15-35-30

Provisions: 23 0 12 4 7 Req: 2

43. Birds: Incidental Take of Bird Species (Title 4, Chapter 35) 4VAC15-35-40

44. Birds: Incidental Take of Bird Species (Title 4, Chapter 35) 4VAC15-35-50

45. Birds: Incidental Take of Bird Species (Title 4, Chapter 35) 4VAC15-35-60

Provisions: 6 0 5 1 0 Req: 0

46. Birds: Incidental Take of Bird Species (Title 4, Chapter 35) 4VAC15-35-70

Provisions: 27 0 27 0 0 Req: 24

47. Birds: Incidental Take of Bird Species (Title 4, Chapter 35) 4VAC15-35-80

Provisions: 20 0 20 0 0 Req: 33

48. Birds: Incidental Take of Bird Species (Title 4, Chapter 35) 4VAC15-35-90

Provisions: 11 0 11 0 0 Req: 2

49. Birds: Incidental Take of Bird Species (Title 4, Chapter 35) 4VAC15-35-100

50. Game: In General (Title 4, Chapter 40) 4VAC15-40-20

Provisions: 5 0 5 0 0 Req: 2

51. Game: In General (Title 4, Chapter 40) 4VAC15-40-22

52. Game: In General (Title 4, Chapter 40) 4VAC15-40-30

53. Game: In General (Title 4, Chapter 40) 4VAC15-40-40

54. Game: In General (Title 4, Chapter 40) 4VAC15-40-50

55. Game: In General (Title 4, Chapter 40) 4VAC15-40-60

Provisions: 4 0 4 0 0 Req: 0

56. Game: In General (Title 4, Chapter 40) 4VAC15-40-70

Provisions: 4 0 4 0 0 Req: 11

57. Game: In General (Title 4, Chapter 40) 4VAC15-40-100

58. Game: In General (Title 4, Chapter 40) 4VAC15-40-110

59. Game: In General (Title 4, Chapter 40) 4VAC15-40-120

60. Game: In General (Title 4, Chapter 40) 4VAC15-40-130

61. Game: In General (Title 4, Chapter 40) 4VAC15-40-140

62. Game: In General (Title 4, Chapter 40) 4VAC15-40-160

63. Game: In General (Title 4, Chapter 40) 4VAC15-40-170

64. Game: In General (Title 4, Chapter 40) 4VAC15-40-190

65. Game: In General (Title 4, Chapter 40) 4VAC15-40-195

66. Game: In General (Title 4, Chapter 40) 4VAC15-40-200

Provisions: 2 0 2 0 0 Req: 5

67. Game: In General (Title 4, Chapter 40) 4VAC15-40-210

68. Game: In General (Title 4, Chapter 40) 4VAC15-40-220

69. Game: In General (Title 4, Chapter 40) 4VAC15-40-221

70. Game: In General (Title 4, Chapter 40) 4VAC15-40-225

71. Game: In General (Title 4, Chapter 40) 4VAC15-40-230

Provisions: 1 1 0 0 0 Req: 0

72. Game: In General (Title 4, Chapter 40) 4VAC15-40-240

73. Game: In General (Title 4, Chapter 40) 4VAC15-40-250

74. Game: In General (Title 4, Chapter 40) 4VAC15-40-260

Provisions: 4 0 4 0 0 Req: 6

75. Game: In General (Title 4, Chapter 40) 4VAC15-40-270

Provisions: 12 0 11 1 0 Req: 9

76. Game: In General (Title 4, Chapter 40) 4VAC15-40-275

Provisions: 6 0 5 1 0 Req: 5

77. Game: In General (Title 4, Chapter 40) 4VAC15-40-276

78. Game: In General (Title 4, Chapter 40) 4VAC15-40-281

79. Game: In General (Title 4, Chapter 40) 4VAC15-40-282

80. Game: In General (Title 4, Chapter 40) 4VAC15-40-283

81. Game: In General (Title 4, Chapter 40) 4VAC15-40-284

82. Game: In General (Title 4, Chapter 40) 4VAC15-40-285

83. Game: In General (Title 4, Chapter 40) 4VAC15-40-286

84. Game: In General (Title 4, Chapter 40) 4VAC15-40-287

85. Game: In General (Title 4, Chapter 40) 4VAC15-40-290

Provisions: 12 0 12 0 0 Req: 25

86. Game: Bear (Title 4, Chapter 50) 4VAC15-50-11

87. Game: Bear (Title 4, Chapter 50) 4VAC15-50-12

Provisions: 6 0 6 0 0 Req: 3

88. Game: Bear (Title 4, Chapter 50) 4VAC15-50-40

89. Game: Bear (Title 4, Chapter 50) 4VAC15-50-50

90. Game: Bear (Title 4, Chapter 50) 4VAC15-50-60

91. Game: Bear (Title 4, Chapter 50) 4VAC15-50-70

92. Game: Bear (Title 4, Chapter 50) 4VAC15-50-71

Provisions: 6 0 4 2 0 Req: 1

93. Game: Bear (Title 4, Chapter 50) 4VAC15-50-100

94. Game: Bear (Title 4, Chapter 50) 4VAC15-50-110

95. Game: Bear (Title 4, Chapter 50) 4VAC15-50-120

96. Game: Beaver (Title 4, Chapter 60) 4VAC15-60-10

97. Game: Beaver (Title 4, Chapter 60) 4VAC15-60-20

98. Game: Bobcat (Title 4, Chapter 70) 4VAC15-70-10

99. Game: Bobcat (Title 4, Chapter 70) 4VAC15-70-20

100. Game: Bobcat (Title 4, Chapter 70) 4VAC15-70-30

101. Game: Bobcat (Title 4, Chapter 70) 4VAC15-70-40

102. Game: Bobcat (Title 4, Chapter 70) 4VAC15-70-50

Provisions: 3 0 2 1 0 Req: 3

103. Game: Bobcat (Title 4, Chapter 70) 4VAC15-70-60

104. Game: Crow (Title 4, Chapter 80) 4VAC15-80-10

105. Game: Deer (Title 4, Chapter 90) 4VAC15-90-10

106. Game: Deer (Title 4, Chapter 90) 4VAC15-90-23

107. Game: Deer (Title 4, Chapter 90) 4VAC15-90-70

Provisions: 12 0 12 0 0 Req: 14

108. Game: Deer (Title 4, Chapter 90) 4VAC15-90-80

Provisions: 6 0 4 2 0 Req: 2

109. Game: Deer (Title 4, Chapter 90) 4VAC15-90-89

Provisions: 5 0 3 2 0 Req: 6

110. Game: Deer (Title 4, Chapter 90) 4VAC15-90-90

Provisions: 12 0 12 0 0 Req: 15

111. Game: Deer (Title 4, Chapter 90) 4VAC15-90-91

Provisions: 2 0 2 0 0 Req: 35

112. Game: Deer (Title 4, Chapter 90) 4VAC15-90-260

113. Game: Deer (Title 4, Chapter 90) 4VAC15-90-280

114. Game: Deer (Title 4, Chapter 90) 4VAC15-90-291

Provisions: 5 0 5 0 0 Req: 2

115. Game: Deer (Title 4, Chapter 90) 4VAC15-90-293

Provisions: 13 0 13 0 0 Req: 4

116. Game: Deer (Title 4, Chapter 90) 4VAC15-90-294

Provisions: 5 0 4 1 0 Req: 4

117. Game: Deer (Title 4, Chapter 90) 4VAC15-90-500

118. Game: Deer (Title 4, Chapter 90) 4VAC15-90-510

Provisions: 5 0 4 1 0 Req: 4

119. Game: Deer (Title 4, Chapter 90) 4VAC15-90-520

Provisions: 7 0 7 0 0 Req: 9

120. Game: Deer (Title 4, Chapter 90) 4VAC15-90-530

Provisions: 9 0 9 0 0 Req: 8

121. Game: Deer (Title 4, Chapter 90) 4VAC15-90-540

Provisions: 18 2 16 0 0 Req: 13

122. Game: Deer (Title 4, Chapter 90) 4VAC15-90-550

Provisions: 14 0 14 0 0 Req: 9

123. Game: Dove (Title 4, Chapter 100) 4VAC15-100-10

124. Game: Fisher (Title 4, Chapter 105) 4VAC15-105-10

125. Game: Fox (Title 4, Chapter 110) 4VAC15-110-10

126. Game: Fox (Title 4, Chapter 110) 4VAC15-110-20

127. Game: Fox (Title 4, Chapter 110) 4VAC15-110-25

128. Game: Fox (Title 4, Chapter 110) 4VAC15-110-30

129. Game: Fox (Title 4, Chapter 110) 4VAC15-110-35

130. Game: Fox (Title 4, Chapter 110) 4VAC15-110-50

131. Game: Fox (Title 4, Chapter 110) 4VAC15-110-60

Provisions: 4 0 4 0 0 Req: 0

132. Game: Fox (Title 4, Chapter 110) 4VAC15-110-70

133. Game: Fox (Title 4, Chapter 110) 4VAC15-110-80

134. Game: Fox (Title 4, Chapter 110) 4VAC15-110-90

135. Game: Grouse (Title 4, Chapter 120) 4VAC15-120-10

136. Game: Grouse (Title 4, Chapter 120) 4VAC15-120-20

137. Game: Grouse (Title 4, Chapter 120) 4VAC15-120-30

Provisions: 2 0 1 1 0 Req: 1

138. Game: Mink (Title 4, Chapter 130) 4VAC15-130-20

139. Game: Muskrat (Title 4, Chapter 140) 4VAC15-140-20

140. Game: Opossum (Title 4, Chapter 160) 4VAC15-160-10

141. Game: Opossum (Title 4, Chapter 160) 4VAC15-160-31

142. Game: Otter (Title 4, Chapter 170) 4VAC15-170-20

143. Game: Otter (Title 4, Chapter 170) 4VAC15-170-30

144. Game: Pheasant (Title 4, Chapter 180) 4VAC15-180-10

145. Game: Quail (Title 4, Chapter 190) 4VAC15-190-10

146. Game: Quail (Title 4, Chapter 190) 4VAC15-190-40

147. Game: Quail (Title 4, Chapter 190) 4VAC15-190-60

Provisions: 7 0 7 0 0 Req: 5

148. Game: Rabbit and Hares (Title 4, Chapter 200) 4VAC15-200-10

149. Game: Rabbit and Hares (Title 4, Chapter 200) 4VAC15-200-15

150. Game: Rabbit and Hares (Title 4, Chapter 200) 4VAC15-200-20

151. Game: Rabbit and Hares (Title 4, Chapter 200) 4VAC15-200-30

152. Game: Rabbit and Hares (Title 4, Chapter 200) 4VAC15-200-50

153. Game: Rabbit and Hares (Title 4, Chapter 200) 4VAC15-200-60

154. Game: Raccoon (Title 4, Chapter 210) 4VAC15-210-10

155. Game: Raccoon (Title 4, Chapter 210) 4VAC15-210-30

156. Game: Raccoon (Title 4, Chapter 210) 4VAC15-210-51

157. Game: Raccoon (Title 4, Chapter 210) 4VAC15-210-70

158. Game: Raccoon (Title 4, Chapter 210) 4VAC15-210-80

159. Game: Skunk (Title 4, Chapter 220) 4VAC15-220-10

160. Game: Skunk (Title 4, Chapter 220) 4VAC15-220-20

161. Game: Squirrel (Title 4, Chapter 230) 4VAC15-230-10

162. Game: Squirrel (Title 4, Chapter 230) 4VAC15-230-20

163. Game: Squirrel (Title 4, Chapter 230) 4VAC15-230-21

164. Game: Squirrel (Title 4, Chapter 230) 4VAC15-230-50

165. Game: Squirrel (Title 4, Chapter 230) 4VAC15-230-60

166. Game: Squirrel (Title 4, Chapter 230) 4VAC15-230-61

167. Game: Squirrel (Title 4, Chapter 230) 4VAC15-230-90

168. Game: Turkey (Title 4, Chapter 240) 4VAC15-240-10

169. Game: Turkey (Title 4, Chapter 240) 4VAC15-240-20

170. Game: Turkey (Title 4, Chapter 240) 4VAC15-240-31

171. Game: Turkey (Title 4, Chapter 240) 4VAC15-240-32

172. Game: Turkey (Title 4, Chapter 240) 4VAC15-240-40

Provisions: 6 0 6 0 0 Req: 6

173. Game: Turkey (Title 4, Chapter 240) 4VAC15-240-50

Provisions: 1 0 0 0 1 Req: 0

174. Game: Turkey (Title 4, Chapter 240) 4VAC15-240-51

175. Game: Turkey (Title 4, Chapter 240) 4VAC15-240-60

176. Game: Turkey (Title 4, Chapter 240) 4VAC15-240-70

177. Game: Falconry (Title 4, Chapter 250) 4VAC15-250-10

178. Game: Falconry (Title 4, Chapter 250) 4VAC15-250-20

Provisions: 4 1 3 0 0 Req: 3

179. Game: Falconry (Title 4, Chapter 250) 4VAC15-250-60

180. Game: Falconry (Title 4, Chapter 250) 4VAC15-250-80

181. Game: Falconry (Title 4, Chapter 250) 4VAC15-250-90

182. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-10

183. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-20

184. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-30

185. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-35

186. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-50

187. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-60

188. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-70

189. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-75

190. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-80

191. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-90

192. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-100

193. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-110

194. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-115

195. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-116

196. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-120

197. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-130

198. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-140

199. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-150

200. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-160

Provisions: 7 0 7 0 0 Req: 5

201. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-170

202. Game: Waterfowl and Waterfowl Blinds (Title 4, Chapter 260) 4VAC15-260-180

203. Game: Firearms (Title 4, Chapter 270) 4VAC15-270-10

204. Game: Firearms (Title 4, Chapter 270) 4VAC15-270-20

205. Game: Firearms (Title 4, Chapter 270) 4VAC15-270-30

206. Game: Firearms (Title 4, Chapter 270) 4VAC15-270-40

207. Game: Firearms (Title 4, Chapter 270) 4VAC15-270-60

208. Game: Firearms (Title 4, Chapter 270) 4VAC15-270-70

209. Game: Firearms (Title 4, Chapter 270) 4VAC15-270-80

210. Game: Firearms (Title 4, Chapter 270) 4VAC15-270-90

Provisions: 18 0 18 0 0 Req: 15

211. Game: Firearms (Title 4, Chapter 270) 4VAC15-270-95

Provisions: 8 0 8 0 0 Req: 5

212. Game: Firearms (Title 4, Chapter 270) 4VAC15-270-96

213. Game: Hunter Education (Title 4, Chapter 275) 4VAC15-275-10

214. Game: Hunter Education (Title 4, Chapter 275) 4VAC15-275-20

Provisions: 8 0 8 0 0 Req: 1

215. Game: Hunter Education (Title 4, Chapter 275) 4VAC15-275-30

Provisions: 6 0 6 0 0 Req: 3

216. Game: Hunter Education (Title 4, Chapter 275) 4VAC15-275-40

Provisions: 5 0 5 0 0 Req: 3

217. Game: Hunter Education (Title 4, Chapter 275) 4VAC15-275-50

218. Game: Hunter Education (Title 4, Chapter 275) 4VAC15-275-60

219. Game: Hunter Education (Title 4, Chapter 275) 4VAC15-275-70

220. Game: Hunter Education (Title 4, Chapter 275) 4VAC15-275-80

Provisions: 10 0 10 0 0 Req: 4

221. Game: Hunter Education (Title 4, Chapter 275) 4VAC15-275-90

222. Game: Hunter Education (Title 4, Chapter 275) 4VAC15-275-100

223. Game: Hunter Education (Title 4, Chapter 275) 4VAC15-275-110

224. Game: Pelts and Furs (Title 4, Chapter 280) 4VAC15-280-10

Provisions: 1 0 1 0 0 Req: 4

225. Game: Pelts and Furs (Title 4, Chapter 280) 4VAC15-280-20

Provisions: 2 1 1 0 0 Req: 0

226. Game: Pelts and Furs (Title 4, Chapter 280) 4VAC15-280-30

227. Game: Pelts and Furs (Title 4, Chapter 280) 4VAC15-280-40

228. Game: Pelts and Furs (Title 4, Chapter 280) 4VAC15-280-50

229. Game: Permits (Title 4, Chapter 290) 4VAC15-290-20

230. Game: Permits (Title 4, Chapter 290) 4VAC15-290-30

231. Game: Permits (Title 4, Chapter 290) 4VAC15-290-40

232. Game: Permits (Title 4, Chapter 290) 4VAC15-290-50

233. Game: Permits (Title 4, Chapter 290) 4VAC15-290-60

Provisions: 8 1 7 0 0 Req: 9

234. Game: Permits (Title 4, Chapter 290) 4VAC15-290-70

235. Game: Permits (Title 4, Chapter 290) 4VAC15-290-80

Provisions: 2 0 2 0 0 Req: 6

236. Game: Permits (Title 4, Chapter 290) 4VAC15-290-110

237. Game: Permits (Title 4, Chapter 290) 4VAC15-290-115

Provisions: 2 1 1 0 0 Req: 0

238. Game: Permits (Title 4, Chapter 290) 4VAC15-290-130

239. Game: Permits (Title 4, Chapter 290) 4VAC15-290-140

240. Game: Permits (Title 4, Chapter 290) 4VAC15-290-160

Provisions: 7 0 7 0 0 Req: 13

241. Game: Weasel (Title 4, Chapter 300) 4VAC15-300-10

242. Fish: Fishing Generally (Title 4, Chapter 320) 4VAC15-320-10

243. Fish: Fishing Generally (Title 4, Chapter 320) 4VAC15-320-25

244. Fish: Fishing Generally (Title 4, Chapter 320) 4VAC15-320-40

245. Fish: Fishing Generally (Title 4, Chapter 320) 4VAC15-320-50

246. Fish: Fishing Generally (Title 4, Chapter 320) 4VAC15-320-60

247. Fish: Fishing Generally (Title 4, Chapter 320) 4VAC15-320-70

248. Fish: Fishing Generally (Title 4, Chapter 320) 4VAC15-320-90

249. Fish: Fishing Generally (Title 4, Chapter 320) 4VAC15-320-100

Provisions: 6 0 6 0 0 Req: 7

250. Fish: Fishing Generally (Title 4, Chapter 320) 4VAC15-320-120

Provisions: 5 0 5 0 0 Req: 9

251. Fish: Fishing Generally (Title 4, Chapter 320) 4VAC15-320-150

Provisions: 3 0 2 1 0 Req: 3

252. Fish: Fishing Generally (Title 4, Chapter 320) 4VAC15-320-160

253. Fish: Fishing Generally (Title 4, Chapter 320) 4VAC15-320-170

254. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-10

255. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-30

256. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-50

257. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-60

258. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-80

259. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-90

260. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-100

261. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-120

262. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-130

263. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-140

Provisions: 5 0 5 0 0 Req: 3

264. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-150

Provisions: 24 0 23 0 1 Req: 2

265. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-160

Provisions: 5 0 5 0 0 Req: 1

266. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-171

Provisions: 2 0 2 0 0 Req: 10

267. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-175

268. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-180

269. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-190

270. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-200

271. Fish: Trout Fishing (Title 4, Chapter 330) 4VAC15-330-210

272. Fish: Seines and Nets (Title 4, Chapter 340) 4VAC15-340-10

Provisions: 6 0 6 0 0 Req: 9

273. Fish: Seines and Nets (Title 4, Chapter 340) 4VAC15-340-30

Provisions: 3 0 3 0 0 Req: 8

274. Fish: Seines and Nets (Title 4, Chapter 340) 4VAC15-340-40

Provisions: 6 0 6 0 0 Req: 4

275. Fish: Seines and Nets (Title 4, Chapter 340) 4VAC15-340-50

276. Fish: Seines and Nets (Title 4, Chapter 340) 4VAC15-340-60

277. Fish: Seines and Nets (Title 4, Chapter 340) 4VAC15-340-70

Provisions: 7 0 7 0 0 Req: 9

278. Fish: Seines and Nets (Title 4, Chapter 340) 4VAC15-340-80

Provisions: 8 0 8 0 0 Req: 10

279. Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc (Title 4, Chapter 350) 4VAC15-350-10

280. Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc (Title 4, Chapter 350) 4VAC15-350-20

281. Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc (Title 4, Chapter 350) 4VAC15-350-30

Provisions: 2 0 1 1 0 Req: 1

282. Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc (Title 4, Chapter 350) 4VAC15-350-40

Provisions: 2 0 1 0 1 Req: 1

283. Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc (Title 4, Chapter 350) 4VAC15-350-50

284. Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc (Title 4, Chapter 350) 4VAC15-350-60

Provisions: 3 0 3 0 0 Req: 7

285. Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc (Title 4, Chapter 350) 4VAC15-350-70

Provisions: 5 0 5 0 0 Req: 8

286. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish (Title 4, Chapter 360) 4VAC15-360-10

Provisions: 10 0 10 0 0 Req: 19

287. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish (Title 4, Chapter 360) 4VAC15-360-20

288. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish (Title 4, Chapter 360) 4VAC15-360-30

Provisions: 13 0 13 0 0 Req: 14

289. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish (Title 4, Chapter 360) 4VAC15-360-40

290. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish (Title 4, Chapter 360) 4VAC15-360-50

291. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish (Title 4, Chapter 360) 4VAC15-360-60

292. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish (Title 4, Chapter 360) 4VAC15-360-70

293. Watercraft: in General (Title 4, Chapter 370) 4VAC15-370-20

294. Watercraft: in General (Title 4, Chapter 370) 4VAC15-370-40

295. Watercraft: in General (Title 4, Chapter 370) 4VAC15-370-45

296. Watercraft: in General (Title 4, Chapter 370) 4VAC15-370-50

Provisions: 16 0 16 0 0 Req: 20

297. Watercraft: in General (Title 4, Chapter 370) 4VAC15-370-51

298. Watercraft: in General (Title 4, Chapter 370) 4VAC15-370-60

299. Watercraft: in General (Title 4, Chapter 370) 4VAC15-370-70

Provisions: 4 0 4 0 0 Req: 6

300. Watercraft: in General (Title 4, Chapter 370) 4VAC15-370-80

301. Watercraft: Motorboat Numbering (Title 4, Chapter 380) 4VAC15-380-30

302. Watercraft: Motorboat Numbering (Title 4, Chapter 380) 4VAC15-380-40

303. Watercraft: Motorboat Numbering (Title 4, Chapter 380) 4VAC15-380-70

Provisions: 11 0 11 0 0 Req: 4

304. Watercraft: Motorboat Numbering (Title 4, Chapter 380) 4VAC15-380-71

305. Watercraft: Motorboat Numbering (Title 4, Chapter 380) 4VAC15-380-80

306. Watercraft: Motorboat Numbering (Title 4, Chapter 380) 4VAC15-380-90

307. Watercraft: Motorboat Numbering (Title 4, Chapter 380) 4VAC15-380-100

308. Watercraft: Motorboat Numbering (Title 4, Chapter 380) 4VAC15-380-110

309. Watercraft: Motorboat Numbering (Title 4, Chapter 380) 4VAC15-380-120

Provisions: 2 0 2 0 0 Req: 9

310. Watercraft: Motorboat Numbering (Title 4, Chapter 380) 4VAC15-380-130

311. Watercraft: Safe and Reasonable Operation of Vessels (Title 4, Chapter 390) 4VAC15-390-10

Provisions: 3 0 2 1 0 Req: 0

312. Watercraft: Safe and Reasonable Operation of Vessels (Title 4, Chapter 390) 4VAC15-390-80

313. Watercraft: Safe and Reasonable Operation of Vessels (Title 4, Chapter 390) 4VAC15-390-85

314. Watercraft: Safe and Reasonable Operation of Vessels (Title 4, Chapter 390) 4VAC15-390-140

315. Watercraft: Safe and Reasonable Operation of Vessels (Title 4, Chapter 390) 4VAC15-390-150

316. Watercraft: Safe and Reasonable Operation of Vessels (Title 4, Chapter 390) 4VAC15-390-160

317. Watercraft: Accident and Casualty Reporting (Title 4, Chapter 400) 4VAC15-400-20

Provisions: 5 0 5 0 0 Req: 1

318. Watercraft: Accident and Casualty Reporting (Title 4, Chapter 400) 4VAC15-400-30

Provisions: 8 0 8 0 0 Req: 3

319. Watercraft: Accident and Casualty Reporting (Title 4, Chapter 400) 4VAC15-400-40

320. Watercraft: Accident and Casualty Reporting (Title 4, Chapter 400) 4VAC15-400-50

321. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-10

322. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-20

Provisions: 14 0 14 0 0 Req: 10

323. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-30

Provisions: 8 0 8 0 0 Req: 8

324. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-40

Provisions: 13 0 13 0 0 Req: 9

325. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-50

Provisions: 5 0 5 0 0 Req: 3

326. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-60

327. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-70

328. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-80

329. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-90

Provisions: 8 0 8 0 0 Req: 4

330. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-100

331. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-110

Provisions: 3 0 3 0 0 Req: 6

332. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-120

Provisions: 6 0 6 0 0 Req: 7

333. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-130

Provisions: 2 2 0 0 0 Req: 0

334. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-140

Provisions: 5 0 5 0 0 Req: 4

335. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-150

336. Watercraft: Boating Safety Education (Title 4, Chapter 410) 4VAC15-410-160

337. Watercraft: Navigation Lights and Shapes (Title 4, Chapter 420) 4VAC15-420-10

338. Watercraft: Navigation Lights and Shapes (Title 4, Chapter 420) 4VAC15-420-120

339. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-10

340. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-20

Provisions: 8 0 8 0 0 Req: 1

341. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-30

342. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-40

Provisions: 6 0 4 1 1 Req: 2

343. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-50

344. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-60

Provisions: 5 0 5 0 0 Req: 0

345. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-70

Provisions: 14 0 14 0 0 Req: 2

346. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-80

347. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-90

348. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-100

349. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-110

350. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-120

351. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-130

352. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-140

353. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-150

Provisions: 5 0 5 0 0 Req: 4

354. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-160

355. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-170

Provisions: 14 0 13 0 1 Req: 12

356. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-180

357. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-190

Provisions: 9 0 9 0 0 Req: 14

358. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-200

Provisions: 4 0 3 1 0 Req: 5

359. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-210

Provisions: 3 0 3 0 0 Req: 6

360. Watercraft: Safety Equipment Requirements (Title 4, Chapter 430) 4VAC15-430-220

361. Watercraft: Commercial Vessel Safety Equipment Requirements (Title 4, Chapter 440) 4VAC15-440-10

Provisions: 6 0 6 0 0 Req: 0

362. Watercraft: Commercial Vessel Safety Equipment Requirements (Title 4, Chapter 440) 4VAC15-440-20

Provisions: 8 0 7 0 1 Req: 6

363. Watercraft: Commercial Vessel Safety Equipment Requirements (Title 4, Chapter 440) 4VAC15-440-30

364. Watercraft: Commercial Vessel Safety Equipment Requirements (Title 4, Chapter 440) 4VAC15-440-40

Provisions: 4 0 4 0 0 Req: 5

365. Watercraft: Commercial Vessel Safety Equipment Requirements (Title 4, Chapter 440) 4VAC15-440-50

366. Watercraft: Commercial Vessel Safety Equipment Requirements (Title 4, Chapter 440) 4VAC15-440-60

367. Watercraft: Commercial Parasail Operations (Title 4, Chapter 450) 4VAC15-450-10

368. Watercraft: Commercial Parasail Operations (Title 4, Chapter 450) 4VAC15-450-20

369. Watercraft: Commercial Parasail Operations (Title 4, Chapter 450) 4VAC15-450-30

Provisions: 27 0 24 3 0 Req: 30

370. Watercraft: Commercial Parasail Operations (Title 4, Chapter 450) 4VAC15-450-40

Public Participation Guidelines

4VAC15-10-10

Express

General

Overreach

Unauthorized

Requirements

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Administrative Process Act" means Chapter 1.1:1 (§ 9-6.14:1 et seq.) of Title 9 of the Code of Virginia. "Agency" means the Department of Game and Inland Fisheries. "Approving authority" means the Board of Game and Inland Fisheries established pursuant to the Environmental Protection Law as the legal authority to adopt regulations. "Director" means the Director of the Department of Game and Inland Fisheries or his designee. "Environmental Protection Law" means the provisions found in the Virginia statutory law authorizing the approving authority or agency or both to make regulations or containing procedural requirements thereof including, but not limited to, Title 29.1 of the Code of Virginia. "Formal hearing" means agency processes other than those informational or factual inquiries of an informal nature provided in § 9-6.14:7.1 of the Administrative Process Act and includes only opportunity for private parties to submit factual proofs in evidential hearings as provided in § 9-6.14:8 of the Administrative Process Act. "Locality particularly affected" means any locality which bears any identified disproportionate material impact which would not be experienced by other localities. "Participatory approach" means a method for the use of (i) standing advisory committees, (ii) ad hoc advisory groups or panels, (iii) consultation with groups or individuals registering interest in working with the agency, or (iv) any combination thereof in the formation and development of regulations for agency consideration.¹ When an ad hoc advisory group is formed, the group shall include representatives of the regulated community and the general public.² The decisions as to the membership of the group shall be at the discretion of the director. "Person" means an individual, a corporation, a partnership, an association, a governmental body, a municipal corporation, or any other legal entity. "Public hearing" means an informal proceeding, held in conjunction with the Notice of Public Comment and similar to that provided for in § 9-6.14:7.1 of the Administrative Process Act, to afford persons an opportunity to submit views and data relative to regulations on which a decision of the approving authority is pending. "Public meeting" means an informal proceeding conducted by the agency in conjunction with the Notice of Intended Regulatory Action to afford persons an opportunity to submit comments relative to intended regulatory action.³ Unless specifically defined in the Environmental Protection Law or in this chapter, terms used shall have the meanings commonly ascribed to them.⁴

Provision-Level Authorization Analysis

Provision 1

"The following words and terms, when used in this chapter, shall have the followi..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

The Board is responsible for carrying out the purposes and provisions of this title and is authorized to: Adopt resolutions or regulations conferring upon the Director all such powers, authorities and duties as the Board possesses and deems necessary or proper to carry out the purposes of this title. Revise, as it deems appropriate, through the promulgation of regulations as prescribed in Article 1 (§ 29.1-500et seq.), the fees charged for all hunting, fishing and trapping licenses authorized under Articles 1 (§ 29.1-300et seq.) and 2 (§ 29.1-340et seq.) of Chapter 3. Adopt regulations that allow any person who holds a valid license to hunt or trap to manufacture and sell products made from wildlife that he has lawfully taken, except where the Board determines that such manufacture or sale is detrimental to public health or sound wildlife management. Take such regulatory or other action as it may determine to be necessary to enable the Commonwealth to become a party to the Interstate Wildlife Violator Compact, as authorized in Article 2.1 (§ 29.1-530.5), and to implement the Compact in the Commonwealth.

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt resolutions or regulations that confer powers and duties upon the Director to carry out the purposes of the title, as well as to revise regulations regarding fees and to take necessary actions for wildlife management. This broad grant of authority allows for GENERAL_DELEGATION because it empowers the Board to delegate its responsibilities and establish definitions and terms relevant to the administration of wildlife regulations, which is reflected in the regulation's definitions of key terms. The legal significance of this authorization relationship is that it enables the agency to effectively implement and manage wildlife regulations under the Board's oversight, ensuring compliance with statutory mandates while allowing for operational flexibility.

CROSS-REFERENCE § 9-6.14

Provision 2

"When an ad hoc advisory group is formed, the group shall include representatives..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

The Board is responsible for carrying out the purposes and provisions of this title and is authorized to: Adopt resolutions or regulations conferring upon the Director all such powers, authorities and duties as the Board possesses and deems necessary or proper to carry out the purposes of this title. Revise, as it deems appropriate, through the promulgation of regulations as prescribed in Article 1 (§ 29.1-500et seq.), the fees charged for all hunting, fishing and trapping licenses authorized under Articles 1 (§ 29.1-300et seq.) and 2 (§ 29.1-340et seq.) of Chapter 3. Take such regulatory or other action as it may determine to be necessary to enable the Commonwealth to become a party to the Interstate Wildlife Violator Compact, as authorized in Article 2.1 (§ 29.1-530.5), and to implement the Compact in the Commonwealth. Adopt regulations that allow any person who holds a valid license to hunt or trap to manufacture and sell products made from wildlife that he has lawfully taken, except where the Board determines that such manufacture or sale is detrimental to public health or sound wildlife management.

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and resolutions necessary to carry out the purposes of the title, including the ability to confer powers and duties upon the Director. This broad grant of authority encompasses the regulation regarding the formation of an ad hoc advisory group, as it aligns with the Board's responsibility to engage with the regulated community and the public to inform its regulatory actions. The legal significance of this authorization relationship is that it allows for flexibility and responsiveness in regulatory processes, ensuring that the Board can effectively incorporate stakeholder input in its decision-making.

CROSS-REFERENCE § 9-6.14

Provision 3

"The decisions as to the membership of the group shall be at the discretion of th..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt resolutions or regulations that confer upon the Director all powers, authorities, and duties deemed necessary to carry out the purposes of the title. This broad grant of authority allows the Director to exercise discretion in decisions regarding group membership, as stated in the regulation, which is a necessary function for the effective implementation of the Board's responsibilities. The legal significance of this relationship is that it establishes a framework where the Director can make operational decisions within the scope of the authority delegated by the Board, ensuring that the regulation aligns with the overarching goals of the statute.

CROSS-REFERENCE § 9-6.14

Provision 4

"Unless specifically defined in the Environmental Protection Law or in this chapt..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

The Board is responsible for carrying out the purposes and provisions of this title and is authorized to: Adopt resolutions or regulations conferring upon the Director all such powers, authorities and duties as the Board possesses and deems necessary or proper to carry out the purposes of this title. Revise, as it deems appropriate, through the promulgation of regulations as prescribed in Article 1 (§ 29.1-500et seq.), the fees charged for all hunting, fishing and trapping licenses authorized under Articles 1 (§ 29.1-300et seq.) and 2 (§ 29.1-340et seq.) of Chapter 3. Take such regulatory or other action as it may determine to be necessary to enable the Commonwealth to become a party to the Interstate Wildlife Violator Compact, as authorized in Article 2.1 (§ 29.1-530.5), and to implement the Compact in the Commonwealth. Adopt regulations that allow any person who holds a valid license to hunt or trap to manufacture and sell products made from wildlife that he has lawfully taken, except where the Board determines that such manufacture or sale is detrimental to public health or sound wildlife management.

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director as necessary to carry out the purposes of the title, allowing for broad discretion in regulatory matters. This results in GENERAL_DELEGATION because the regulation's provision for commonly ascribed meanings of terms aligns with the Board's responsibility to implement regulations that facilitate effective management and understanding of wildlife-related activities. The legal significance of this authorization relationship is that it empowers the Board to establish foundational definitions that support the overall regulatory framework, ensuring clarity and consistency in the application of wildlife laws.

CROSS-REFERENCE § 9-6.14

Public Participation Guidelines

4VAC15-10-20

Express

General

Overreach

Unauthorized

Requirements

A. The procedures in 4VAC15-10-30 of this chapter shall be used for soliciting the input of interested persons in the initial formation and development, amendment or repeal of regulations in accordance with the Administrative Process Act. This chapter does not apply to regulations exempted from the provisions of the Administrative Process Act (§ 9-6.14:4.1 A and B) or excluded from the operation of Article 2 of the Administrative Process Act (§ 9-6.14:4.1 C).¹ B. The failure of any person to receive any notice or copies of any documents provided under these guidelines shall not affect the validity of any regulation.² C. Any person may petition the approving authority for the adoption, amendment or repeal of a regulation. The petition, at a minimum, shall contain the following information: 1. Name of petitioner;³ 2. Petitioner's mailing address and telephone number;⁴ 3. Petitioner's interest in the proposed action;⁵ 4. Recommended regulation or addition, deletion or amendment to a specific regulation or regulations;⁶ 5. Statement of need and justification for the proposed action;⁷ 6. Statement of impact on the petitioner and other affected persons; and⁸ 7. Supporting documents, as applicable. The approving authority shall provide a written response to such petition within 180 days from the date the petition was received.⁹

Provision-Level Authorization Analysis

Provision 1

"A. The procedures in 4VAC15-10-30 of this chapter shall be used for soliciting t..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt resolutions or regulations that confer powers, authorities, and duties upon the Director as deemed necessary to carry out the purposes of the title. This broad grant of authority allows for the establishment of procedures for soliciting input from interested persons in the formation and development of regulations, aligning with the Board's responsibility to ensure effective governance and public engagement. The legal significance of this authorization relationship is that it empowers the Director to implement regulatory processes that enhance transparency and stakeholder involvement, reflecting the Board's commitment to sound management practices.

CROSS-REFERENCE § 9-6.14

Provision 2

"B. The failure of any person to receive any notice or copies of any documents pr..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the ability to confer powers and duties upon the Director. This broad grant of authority allows for the establishment of regulations that ensure procedural integrity, such as the regulation stating that the failure to receive notice does not invalidate regulations, thereby supporting effective governance without requiring specific oversight for each procedural aspect. The legal significance of this authorization relationship is that it empowers the Board to create flexible regulatory frameworks that can adapt to practical needs while maintaining the validity of its actions, thereby promoting efficient wildlife management and regulatory compliance.

CROSS-REFERENCE § 9-6.14

Provision 3

"C. Any person may petition the approving authority for the adoption, amendment o..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director as necessary to fulfill the purposes of the title, including the ability to revise fees and take actions related to wildlife management. This broad grant of authority encompasses the regulation allowing any person to petition for the adoption, amendment, or repeal of a regulation, as it aligns with the Board's responsibility to manage and implement regulations effectively. The legal significance of this authorization relationship is that it empowers the Board to engage with the public in regulatory processes, ensuring that the agency remains responsive and accountable while exercising its regulatory functions.

CROSS-REFERENCE § 9-6.14

Provision 4

"2. Petitioner's mailing address and telephone number;"

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director as necessary to carry out the purposes of the title. This broad grant of authority allows for the establishment of regulations that facilitate the administration of the Board's responsibilities, including the collection of information such as a petitioner's mailing address and telephone number, which is essential for effective communication and management. The legal significance of this authorization relationship is that it enables the Board to implement necessary administrative processes without requiring specific legislative approval for each individual regulation, thereby streamlining governance and enhancing operational efficiency.

CROSS-REFERENCE § 9-6.14

Provision 5

"3. Petitioner's interest in the proposed action;"

General Delegation

AUTHORIZING STATUTE § 2.2-4007

Any person may petition an agency to request the agency to develop a new regulation or amend an existing regulation The agency shall send a notice identifying the petitioner, the nature of the petitioner's request and the agency's plan for disposition of the petition A 21-day period for acceptance of written public comment on the petition shall be provided The agency shall issue a written decision to grant or deny the petitioner's request within 90 days following the close of the comment period

ANALYSIS

§ 2.2-4007 specifically grants an agency the authority to develop new regulations or amend existing ones upon receiving a petition from any person, along with a structured process for public comment and a decision timeline. This broad grant of authority allows the agency to consider various aspects of the petition, including the petitioner's interest in the proposed action, thereby justifying a GENERAL_DELEGATION for the regulation. The legal significance of this relationship is that it empowers the agency to engage with public input and make informed decisions, reflecting the intent of the statute to facilitate regulatory responsiveness and adaptability.

CROSS-REFERENCE § 9-6.14

Provision 6

"4. Recommended regulation or addition, deletion or amendment to a specific regul..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt resolutions or regulations to confer powers and duties upon the Director, as well as to revise regulations regarding fees and to take necessary actions for wildlife management and related purposes. This broad grant of authority allows for GENERAL_DELEGATION because it empowers the Board to delegate its regulatory responsibilities, including the ability to recommend changes to specific regulations, without requiring further legislative approval. The legal significance of this authorization relationship is that it enables the Board to efficiently manage wildlife regulations and adapt to changing circumstances while ensuring compliance with the overarching statutory framework.

CROSS-REFERENCE § 9-6.14

Provision 7

"5. Statement of need and justification for the proposed action;"

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and resolutions necessary to carry out the purposes of the title, including the ability to confer powers and duties upon the Director. This broad grant of authority allows the Board to delegate responsibilities related to the regulation's requirement for a statement of need and justification, as it falls within the scope of actions deemed necessary for effective management and implementation of wildlife regulations. The legal significance of this authorization relationship is that it enables the Board to ensure that regulatory actions are aligned with the overarching goals of wildlife management and public health, while allowing for flexibility in administration through delegation.

CROSS-REFERENCE § 9-6.14

Provision 8

"6. Statement of impact on the petitioner and other affected persons; and"

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director as necessary to fulfill the purposes of the title. This broad language allows for a GENERAL_DELEGATION because it encompasses the ability to establish regulations that address the impacts on petitioners and affected persons, which is essential for effective governance and implementation of the Board's responsibilities. The legal significance of this authorization relationship is that it enables the Board to delegate regulatory functions to the Director, ensuring that the agency can respond flexibly to the needs of stakeholders while remaining aligned with its statutory obligations.

CROSS-REFERENCE § 9-6.14

Provision 9

"7. Supporting documents, as applicable. The approving authority shall provide a ..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director to carry out the purposes of the title, including the ability to revise fees and take necessary actions for wildlife management. This broad grant of authority allows for GENERAL_DELEGATION because it enables the Board to establish regulatory frameworks that include procedural elements, such as the requirement for the approving authority to respond to petitions within a specified timeframe. The legal significance of this authorization relationship is that it empowers the Board to delegate responsibilities and establish processes that facilitate effective management and regulation of wildlife-related activities, ensuring compliance with the overarching statutory objectives.

CROSS-REFERENCE § 9-6.14

Public Participation Guidelines

4VAC15-10-30

Express

General

Overreach

Unauthorized

Requirements

A. The agency shall establish and maintain a list or lists consisting of persons expressing an interest in the adoption, amendment or repeal of regulations. Any person wishing to be placed on any list may do so by writing the agency. In addition the agency, at its discretion, may add to any list any person, organization or publication it believes will be interested in participating in the promulgation of regulations. Individuals and organizations may be periodically requested to indicate their desire to continue to receive documents or be deleted from a list. Individuals and organizations may be deleted from any list at the request of the individual or organization, or at the discretion of the agency when mail is returned as undeliverable.¹ B. Whenever the approving authority so directs or upon its own initiative, the agency may commence the regulation adoption process and proceed to draft a proposal according to these procedures.² C. The agency shall use the participatory approach to assist in the development of the proposal or use one of the following alternatives: 1. Proceed without using the participatory approach if the approving authority specifically authorizes the agency to proceed without using the participatory approach; or³ 2. Include in the Notice of Intended Regulatory Action (NOIRA) a statement inviting comment on whether the agency should use the participatory approach to assist the agency in the development of the proposal. If the agency receives written responses from at least five persons during the associated comment period indicating that the agency should use the participatory approach, the agency shall use the participatory approach requested. Should different approaches be requested, the director shall determine the specific approach to be utilized.⁴ D. The agency shall issue a NOIRA whenever it considers the adoption, amendment or repeal of any regulation.⁵ 1. The NOIRA shall include at least the following: a. A description of the subject matter of the planned regulation; b. A description of the intent of the planned regulation; c. A brief statement as to the need for regulatory action; d. A brief description of alternatives available, if any, to meet the need; e. A request for comments on the intended regulatory action, to include any ideas to assist the agency in the development of any proposal; f. A request for comments on the costs and benefits of the stated alternatives or other alternatives; g. A statement of the agency's intent to hold at least one public hearing on the proposed regulation after it is published in The Virginia Register of Regulations; and h. A statement inviting comment on whether the agency should use the participatory approach to assist the agency in the development of any proposal. Including this statement shall only be required when the agency makes a decision to pursue the alternative provided in subdivision C 2 of the section.⁶ 2. The agency shall hold at least one public meeting whenever it considers the adoption, amendment or repeal of any regulation unless the approving authority specifically authorizes the agency to proceed without holding a public meeting. In those cases where a public meeting or meetings will be held, the NOIRA shall also include the date, not to be less than 30 days after publication in The Virginia Register of Regulations, time and place of the public meeting or meetings.⁷ 3. The public comment period for NOIRAs under this section shall be no less than 30 days after publication of the NOIRA in The Virginia Register of Regulations.⁸ E. The agency shall disseminate the NOIRA to the public via the following: 1. Distribution to the Registrar of Regulations for publication in The Virginia Register of Regulations.⁹ 2. Distribution by mail to persons on the lists established under subsection A of this section.¹⁰ F. After consideration of public input, the agency may complete the draft proposed regulation and any supporting documentation required for review. If the participatory approach is being used, the draft regulation shall be developed in consultation with the participants. A summary or copies of the comments received in response to the NOIRA shall be distributed to the participants during the development of the draft regulation. This summary or copies of the comments received in response to the NOIRA shall also be distributed to the approving authority.¹¹ G. Upon approval of the draft proposed regulation by the approving authority, the agency shall publish a Notice of Public Comment (NOPC) and the proposal for public comment.¹² H. The NOPC shall include at least the following: 1. The notice of the opportunity to comment on the proposed regulation, the location where copies of the draft may be obtained and the name, address and telephone number of the individual to contact for further information about the proposed regulation;¹³ 2. A request for comments on the costs and benefits of the proposal;¹⁴ 3. The identity of any locality particularly affected by the proposed regulation;¹⁵ 4. A statement that an analysis of the following has been conducted by the agency and is available to the public upon request: a. A statement of purpose: the rationale or justification for the new provisions of the regulation, from the standpoint of the public's health, safety or welfare; b. A statement of estimated impact: (1) Projected number and types of regulated entities or persons affected. (2) Projected cost, expressed as a dollar figure or range, to regulated entities (and to the public, if applicable) for implementation and compliance. In those instances where the agency is unable to quantify projected costs, it shall offer qualitative data, if possible, to help define the impact of the regulation. Such qualitative data shall include, if possible, an example or examples of the impact of the proposed regulation on a typical member or members of the regulated community. (3) Projected cost to the agency for implementation and enforcement. (4) The beneficial impact the regulation is designed to produce. c. An explanation of need for the proposed regulation and potential consequences that may result in the absence of the regulation; d. An estimate of the impact of the proposed regulation upon small businesses as defined in § 9-199 of the Code of Virginia or organizations in Virginia; e. A description of provisions of the proposed regulation which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed; f. A discussion of alternative approaches that were considered to meet the need the proposed regulation addresses, and a statement as to whether the agency believes that the proposed regulation is the least burdensome alternative to the regulated community that fully meets the stated purpose of the proposed regulation; and g. A schedule setting forth when, after the effective date of the regulation, the agency will evaluate it for effectiveness and continued need.¹⁶ 5. The date, time and place of at least one public hearing held in accordance with § 9-6.14:7.1 of the Code of Virginia to receive comments on the proposed regulation. The public hearing or hearings may be held at any time during the public comment period and, whenever practicable, no less than 15 days prior to the close of the public comment period. The public hearing or hearings may be held in such location or locations as the agency determines will best facilitate input from interested persons. In those cases where the agency elects to conduct a formal hearing, the notice shall indicate that the formal hearing will be held in accordance with § 9-6.14:8 of the Administrative Process Act.¹⁷ I. The public comment period shall close no less than 60 days after publication of the NOPC in The Virginia Register of Regulations.¹⁸ J. The agency shall disseminate the NOPC to the public via the following: 1. Distribution to the Registrar of Regulations for: a. Publication in The Virginia Register of Regulations; and b. Publication in a newspaper of general circulation published at the state capital and such other newspapers as the agency may deem appropriate.¹⁹ 2. Distribution by mail to persons on the lists established under subsection A of this section.²⁰ K. The agency shall prepare a summary of comments received in response to the NOPC and the agency's response to the comments received. The agency shall send a draft of the summary of comments to all public commenters on the proposed regulation at least five days before final adoption of the regulation. The agency shall submit the summary and agency response and, if requested, submit the full comments to the approving authority. The summary, the agency response, and the comments shall become a part of the agency file and after final action on the regulation by the approving authority, made available, upon request, to interested persons.²¹ L. If the agency determines that the process to adopt, amend or repeal any regulation should be terminated after approval of the draft proposed regulation by the approving authority, the agency shall present to the approving authority for its consideration a recommendation and rationale for the withdrawal of the proposed regulation.²² M. Completion of the remaining steps in the adoption process shall be carried out in accordance with the Administrative Process Act.²³

Provision-Level Authorization Analysis

Provision 1

"A. The agency shall establish and maintain a list or lists consisting of persons..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants the agency the authority to develop new regulations or amend existing ones in response to petitions from any person, along with requirements for public notice and comment. This broad grant of authority allows the agency to establish processes, such as maintaining lists of interested persons, which facilitates public engagement and transparency in regulatory actions. The legal significance of this relationship is that it empowers the agency to manage stakeholder involvement in regulatory matters, ensuring that the agency can respond effectively to public interest while adhering to the statutory framework.

Provision 2

"B. Whenever the approving authority so directs or upon its own initiative, the a..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the right to petition an agency to develop or amend regulations, requiring the agency to provide notice of the petition and a written decision within a specified timeframe. This broad grant of authority allows the agency to initiate the regulation adoption process either at the direction of the approving authority or on its own initiative, aligning with the statute's intent to facilitate public engagement and agency responsiveness. The legal significance of this authorization relationship is that it empowers the agency to act flexibly and proactively in regulatory matters, ensuring that it can address public needs and concerns effectively.

Provision 3

"C. The agency shall use the participatory approach to assist in the development ..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants an agency the authority to develop new regulations or amend existing ones upon receiving a petition, while also outlining the requirement for public comment and a written decision. This broad grant of authority allows the agency to utilize a participatory approach or alternative methods in developing regulatory proposals, which aligns with the general delegation of powers to the agency to determine the most effective means of engaging stakeholders. The legal significance of this relationship is that it empowers the agency to exercise discretion in its regulatory processes, ensuring that it can adapt its approach based on the specific circumstances of each petition while remaining compliant with statutory requirements.

Provision 4

"2. Include in the Notice of Intended Regulatory Action (NOIRA) a statement invit..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the authority to petition an agency to develop or amend regulations, requiring the agency to notify the petitioner of its plan and provide a period for public comment. This broad grant of authority allows the agency to incorporate a participatory approach in its regulatory process, as reflected in the regulation that invites public comment on the agency's development of proposals. The legal significance of this relationship is that it empowers the agency to engage with the public and consider diverse input in its regulatory actions, aligning with the statute's intent to foster transparency and responsiveness in the regulatory process.

Provision 5

"D. The agency shall issue a NOIRA whenever it considers the adoption, amendment ..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants the agency the authority to develop new regulations or amend existing ones in response to petitions from any person, requiring the agency to notify the petitioner and provide a public comment period. This broad grant of authority allows the agency to issue a Notice of Intended Regulatory Action (NOIRA) whenever it considers regulatory changes, thereby encompassing the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the agency to act on petitions and engage the public in the regulatory process without requiring additional specific legislative approval for each action taken.

Provision 6

"1. The NOIRA shall include at least the following: a. A description of the subje..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the authority to petition an agency to develop or amend regulations, requiring the agency to provide notice of the petition and a plan for its disposition, along with a public comment period and a written decision. This broad grant of authority allows the agency to create a Notice of Intended Regulatory Action (NOIRA) that includes essential elements such as the subject matter, intent, need for action, and alternatives, which aligns with the statute's purpose of facilitating public engagement and regulatory development. The legal significance of this authorization relationship is that it empowers the agency to respond to public input and adapt regulations accordingly, reflecting a collaborative approach to governance.

Provision 7

"2. The agency shall hold at least one public meeting whenever it considers the a..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the right to petition an agency for the development or amendment of regulations, and it requires the agency to provide notice and a decision regarding the petition within specific timeframes. This broad grant of authority allows the agency to establish procedures, such as holding public meetings, to ensure transparency and public involvement in the regulatory process, which aligns with the intent of the statute to facilitate public participation. The legal significance of this authorization relationship is that it empowers the agency to implement necessary procedural steps while maintaining flexibility in its operations, thereby supporting the overall regulatory framework established by the statute.

Provision 8

"3. The public comment period for NOIRAs under this section shall be no less than..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the authority to petition an agency for the development or amendment of regulations, requiring the agency to provide notice of the petition and a structured process for public comment and decision-making. This broad grant of authority allows the agency to establish procedures, such as the public comment period for NOIRAs, which is reflected in the regulation's requirement of a minimum 30-day comment period after publication. The legal significance of this authorization relationship is that it empowers the agency to create specific procedural rules that facilitate public participation in the regulatory process, aligning with the statute's intent to ensure transparency and responsiveness to public input.

Provision 9

"E. The agency shall disseminate the NOIRA to the public via the following: 1. Di..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the right to petition an agency for the development or amendment of regulations, requiring the agency to notify the public and provide a structured process for comment and decision-making. This broad grant of authority allows the agency to establish procedures for public engagement and dissemination of information, which is reflected in the regulation's requirement to disseminate the NOIRA through established channels. The legal significance of this relationship is that it empowers the agency to manage public participation and transparency in the regulatory process, aligning with the statute's intent to facilitate citizen involvement in regulatory development.

Provision 10

"2. Distribution by mail to persons on the lists established under subsection A o..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants an agency the authority to develop new regulations or amend existing ones in response to petitions from any person, along with requirements for public notice and comment. This broad grant of authority allows the agency to implement procedures, such as distribution by mail to identified persons, which is necessary for fulfilling its obligations under the statute. The legal significance of this authorization relationship is that it empowers the agency to effectively engage with stakeholders and ensure transparency in the regulatory process, aligning with the intent of the statute to facilitate public participation.

Provision 11

"F. After consideration of public input, the agency may complete the draft propos..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants an agency the authority to receive petitions for new or amended regulations, requires the agency to notify the petitioner and the public, and mandates a decision within a specified timeframe after public comment. This broad grant of authority allows the agency to engage in a participatory approach in developing regulations, as reflected in the regulation's provision for consultation with participants and consideration of public input before finalizing the draft. The legal significance of this authorization relationship is that it empowers the agency to adapt its regulatory processes in response to public engagement, thereby ensuring transparency and responsiveness in regulatory development.

Provision 12

"G. Upon approval of the draft proposed regulation by the approving authority, th..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the right to petition an agency to develop or amend regulations, requiring the agency to provide notice of the petition and a plan for its disposition, along with a public comment period. This broad grant of authority allows the agency to engage in rulemaking processes, including the publication of a Notice of Public Comment and the proposal for public comment, which aligns with the agency's responsibilities under the statute. The legal significance of this authorization relationship is that it empowers the agency to act on petitions and solicit public input, thereby facilitating transparency and participation in the regulatory process while maintaining a level of discretion in how to implement these provisions.

Provision 13

"H. The NOPC shall include at least the following: 1. The notice of the opportuni..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the authority to petition an agency to develop or amend regulations, requiring the agency to notify the petitioner and provide a public comment period, followed by a written decision. This broad grant of authority allows the agency to establish procedures for public engagement and transparency, which is reflected in the regulation's requirement for a notice of opportunity to comment and contact information for further inquiries. The legal significance of this authorization relationship is that it empowers the agency to facilitate public participation in the regulatory process while ensuring accountability in how petitions are handled.

Provision 14

"2. A request for comments on the costs and benefits of the proposal;"

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the authority to petition an agency for the development or amendment of regulations, requiring the agency to provide notice and a structured process for public comment and decision-making. This broad grant of authority allows the agency to seek input on the costs and benefits of proposed regulations, aligning with the statute's intent to facilitate public participation and transparency in regulatory processes. The legal significance of this relationship is that it empowers the agency to engage stakeholders in evaluating regulatory impacts, thereby ensuring that the agency's actions are informed by public input and aligned with statutory requirements.

Provision 15

"3. The identity of any locality particularly affected by the proposed regulation..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants an agency the authority to develop new regulations or amend existing ones in response to petitions from any person, along with a structured process for public comment and decision-making. This broad grant of authority allows the agency to consider the identity of localities particularly affected by proposed regulations, as it is a necessary aspect of evaluating the impact of regulatory changes. The legal significance of this authorization relationship is that it empowers the agency to engage with community concerns and ensures that local implications are taken into account in the regulatory process, thereby supporting informed decision-making.

Provision 16

"4. A statement that an analysis of the following has been conducted by the agenc..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the right to petition an agency to develop or amend regulations, requiring the agency to provide notice of the petition, a comment period, and a written decision within a specified timeframe. This broad grant of authority allows the agency to conduct analyses and provide justifications for regulatory changes, aligning with the regulation's requirement for a statement of purpose and rationale regarding public health, safety, or welfare. The legal significance of this authorization relationship is that it empowers the agency to respond to public needs and concerns while ensuring transparency and accountability in the regulatory process.

CROSS-REFERENCE § 9-199

Referenced in regulation context: § 9-199 of the Code of Virginia

Provision 17

"5. The date, time and place of at least one public hearing held in accordance wi..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the right to petition an agency to develop or amend regulations, requiring the agency to provide notice of the petition, allow for public comment, and issue a decision within a specified timeframe. This broad grant of authority allows the agency to establish procedures for public hearings and comment periods, as reflected in the regulation, which outlines the logistics for conducting public hearings during the comment period. The legal significance of this authorization relationship is that it enables the agency to effectively engage with stakeholders and incorporate public input into the regulatory process, thereby fulfilling the intent of the statute.

CROSS-REFERENCE § 9-6.14

Referenced in regulation context: § 9-6.14

Provision 18

"I. The public comment period shall close no less than 60 days after publication ..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants an agency the authority to develop new regulations or amend existing ones in response to petitions from any person, requiring the agency to provide a notice of the petition, a public comment period, and a written decision within a specified timeframe. The regulation establishes a public comment period that exceeds the minimum requirement set forth in the statute, thereby allowing for a more extensive opportunity for public input, which aligns with the agency's broad authority to manage the regulatory process. The legal significance of this relationship is that it demonstrates the agency's discretion to enhance public participation while still adhering to the foundational statutory framework, justifying the classification of the regulation under GENERAL_DELEGATION.

Provision 19

"J. The agency shall disseminate the NOPC to the public via the following: 1. Dis..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the right to petition an agency to develop or amend regulations, requiring the agency to notify the petitioner of its plan and provide a public comment period. This broad grant of authority allows the agency to establish procedures for disseminating information about petitions, which aligns with the regulation's requirement to ensure public awareness through publication in various media. The legal significance of this relationship is that it empowers the agency to manage public engagement and transparency in the regulatory process, reflecting the intent of the statute to facilitate public participation.

Provision 20

"2. Distribution by mail to persons on the lists established under subsection A o..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants the agency the authority to develop new regulations or amend existing ones upon receiving a petition, and outlines the process for public comment and decision-making. This broad grant of authority allows the agency to implement regulations, such as the one concerning distribution by mail, as it falls within the agency's discretion to manage its communication and outreach efforts effectively. The legal significance of this relationship is that it empowers the agency to respond to public needs and streamline its regulatory processes without requiring a higher level of authorization, thereby facilitating efficient governance.

Provision 21

"K. The agency shall prepare a summary of comments received in response to the NO..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants the agency the authority to develop new regulations or amend existing ones in response to petitions from any person, requiring the agency to notify the petitioner and provide a public comment period. This broad grant of authority allows the agency to establish procedures for handling public comments and ensuring transparency in the regulatory process, which is reflected in the regulation's requirement to summarize comments and respond to them prior to final adoption. The legal significance of this relationship is that it empowers the agency to engage with stakeholders and incorporate public input into its regulatory framework, thereby enhancing accountability and responsiveness in governance.

Provision 22

"L. If the agency determines that the process to adopt, amend or repeal any regul..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants the agency the authority to develop new regulations or amend existing ones upon petition, requiring it to notify the petitioner and allow for public comment before issuing a decision. This broad grant of authority allows the agency to determine the process for adopting, amending, or repealing regulations, which includes the ability to recommend termination of the process after initial approval, thus justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the agency to manage regulatory processes flexibly while ensuring public involvement and accountability in decision-making.

Provision 23

"M. Completion of the remaining steps in the adoption process shall be carried ou..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the authority to petition an agency for the development or amendment of regulations, requiring the agency to provide notice, allow for public comment, and issue a decision within a specified timeframe. This broad grant of authority allows the agency to carry out the necessary steps in the regulatory process, as outlined in the regulation, which mandates adherence to the Administrative Process Act for the completion of the adoption process. The legal significance of this relationship is that it establishes a framework for public involvement and agency accountability in regulatory development, ensuring that the agency operates within the parameters set by the statute while maintaining flexibility in its procedural execution.

Public Participation Guidelines

4VAC15-10-40

Express

General

Overreach

Unauthorized

Requirements

A. All regulatory actions for which a NOIRA has been published in The Virginia Register of Regulations prior to May 4, 1994, shall be processed in accordance with the agency's emergency Public Participation Guidelines (VR 325-05-1), which are effective from June 18, 1993, until June 17, 1994, unless sooner modified or vacated or superseded by permanent regulations.¹ B. This chapter shall supersede and repeal emergency regulation 4VAC15-10-10 et seq., Public Participation Guidelines, which became effective on June 18, 1993. All regulatory actions for which a NOIRA has not been published in The Virginia Register of Regulations prior to May 4, 1994, shall be processed in accordance with this chapter.²

Provision-Level Authorization Analysis

Provision 1

"A. All regulatory actions for which a NOIRA has been published in The Virginia R..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the right to petition an agency to develop or amend regulations, requiring the agency to provide notice of the petition, allow for public comment, and issue a written decision within a specified timeframe. This broad grant of authority allows the agency to establish procedures for processing regulatory actions, including those outlined in the regulation, which addresses the handling of actions for which a NOIRA has been published prior to a specific date. The legal significance of this relationship is that it empowers the agency to manage regulatory processes flexibly while ensuring public participation, thus justifying the GENERAL_DELEGATION of authority.

Provision 2

"B. This chapter shall supersede and repeal emergency regulation 4VAC15-10-10 et ..."

General Delegation

AUTHORIZING STATUTE § 2.2-4007

ANALYSIS

§ 2.2-4007 specifically grants any person the authority to petition an agency for the development or amendment of regulations, requiring the agency to provide notice, accept public comment, and issue a decision within a specified timeframe. This broad grant of authority allows the agency to implement changes to existing regulations, such as superseding and repealing outdated guidelines, thereby justifying the use of GENERAL_DELEGATION for the regulation. The legal significance of this relationship is that it empowers the agency to respond to public input and adapt regulations in a manner that reflects current needs and practices, ensuring effective governance.

Definitions and Miscellaneous: In General

4VAC15-20-10

Express

General

Overreach

Unauthorized

Requirements

A. Words and phrases used in any regulations made by the board shall have the same meaning as is given for such words and phrases in Title 29.1 (§ 29.1-100 et seq.) of the Code of Virginia unless the context clearly indicates otherwise.¹ B. The following word or term when used in this chapter shall have the following meaning unless the context indicates otherwise: "Elk Management Zone" means the Counties of (i) Buchanan, (ii) Dickenson, and (iii) Wise, and the cities and towns therein.²

Provision-Level Authorization Analysis

Provision 1

"A. Words and phrases used in any regulations made by the board shall have the sa..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

The Board may promulgate regulations pertaining to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of any wild bird, wild animal, or inland water fish The full text or an informative summary of any proposed regulation or change in the regulations shall be published

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting, taking, and possession of wild birds and animals. This broad grant of authority allows the Board to establish definitions and clarify terms used in its regulations, which is reflected in the regulation that aligns the meanings of words and phrases with those in Title 29.1 of the Code of Virginia. The legal significance of this relationship is that it ensures consistency and clarity in the Board's regulatory framework, allowing for effective implementation of wildlife management policies under the general delegation of authority provided by the statute.

DEFINITION § 29.1-100

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 1. Administration of Wildlife Resources › Article 1. General Provisions › § 29.1-100. Definitions As used in and for the purposes of this title only, or in any of the regulations of the Board, unless the context clearly requires a differen...

Provision 2

"B. The following word or term when used in this chapter shall have the following..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to define specific management zones, such as the "Elk Management Zone," which is necessary for effective regulation and management of wildlife populations within designated areas. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that are essential for the implementation of wildlife management strategies, ensuring that the overarching goals of the statute are met.

DEFINITION § 29.1-100

Definitions and Miscellaneous: In General

4VAC15-20-20

Express

General

Overreach

Unauthorized

Requirements

Whenever the words "counties east of the Blue Ridge Mountains," or language equivalent to that, appear in a regulation of the board, such words shall apply to the following counties and cities: Accomack Albemarle Amelia Amherst Appomattox Arlington Bedford Brunswick Buckingham Campbell Caroline Charles City Charlotte Chesapeake City Chesterfield Culpeper Cumberland Dinwiddie Essex Fairfax Fauquier Fluvanna Franklin Gloucester Goochland Greene Greensville Halifax Hampton City Hanover Henrico Henry Isle of Wight James City King and Queen King George King William Lancaster Loudoun Louisa Lunenburg Madison Mathews Mecklenburg Middlesex Nelson NewKent Newport News City Northampton Northumberland Nottoway Orange Patrick Pittsylvania Powhatan Prince Edward Prince George Prince William Rappahannock Richmond Southampton Spotsylvania Stafford Suffolk City Surry Sussex Virginia Beach City Westmoreland York¹

Provision-Level Authorization Analysis

Provision 1

"Whenever the words "counties east of the Blue Ridge Mountains," or language equi..."

General Delegation

AUTHORIZING STATUTE § 29.1-566

The Board is authorized to adopt the federal list, as well as modifications and amendments thereto by regulations to declare by regulation, after consideration of recommendations from the Director of the Department of Conservation and Recreation and from other reliable data sources, that species not appearing on the federal lists are endangered or threatened species in Virginia and to prohibit by regulation the taking, transportation, processing, sale, or offer for sale within the Commonwealth of any threatened or endangered species of fish or wildlife

ANALYSIS

§ 29.1-566 specifically grants the Board the authority to adopt regulations that declare certain species as endangered or threatened, based on recommendations and reliable data, and to regulate the taking and sale of those species. This broad grant of authority allows the Board to define geographic areas, such as "counties east of the Blue Ridge Mountains," to effectively implement and enforce protections for endangered or threatened species within specific regions of Virginia. The legal significance of this authorization relationship is that it empowers the Board to make necessary regulatory distinctions and adaptations to fulfill its mandate under the statute, ensuring the conservation of wildlife in a manner that is responsive to regional considerations.

Definitions and Miscellaneous: In General

4VAC15-20-30

Express

General

Overreach

Unauthorized

Requirements

Whenever the words "counties west of the Blue Ridge Mountains," or language equivalent to that, appear in a regulation of the board, such words shall apply to the following counties: Alleghany Augusta Bath Bland Botetourt Buchanan Carroll Clarke Craig Dickenson Floyd Frederick Giles Grayson Highland Lee Montgomery Page Pulaski Roanoke Rockbridge Rockingham Russell Scott Shenandoah Smyth Tazewell Warren Washington Wise Wythe¹

Provision-Level Authorization Analysis

Provision 1

"Whenever the words "counties west of the Blue Ridge Mountains," or language equi..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the ability to revise fees and take actions to implement agreements like the Interstate Wildlife Violator Compact. This broad grant of authority allows the Board to define terms and delineate geographic areas relevant to its regulatory framework, which is why the regulation specifying the counties west of the Blue Ridge Mountains falls under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to exercise discretion in defining regulatory terms, ensuring effective management of wildlife resources consistent with the statutory mandate.

Definitions and Miscellaneous: In General

4VAC15-20-40

Express

General

Overreach

Unauthorized

Requirements

Whenever the words "Dismal Swamp Line," or language equivalent to that, appear in a regulation of the board, such words shall apply to a line: Beginning at a point on State Highway 10 where it intersects the Isle of Wight County line, thence along such highway to its intersection with the corporate limits of the City of Suffolk, thence through the corporate limits of the City of Suffolk to its intersection with State Secondary Highway 642, and thence along State Secondary Highway 642 (White Marsh Road) in a southerly and westerly direction to State Secondary Highway 604 (Desert Road), and thence southerly along State Secondary Highway 604 to the North Carolina line.¹

Provision-Level Authorization Analysis

Provision 1

"Whenever the words "Dismal Swamp Line," or language equivalent to that, appear i..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses a wide range of regulatory activities, including the establishment of specific geographic references such as the "Dismal Swamp Line," which is necessary for the effective management and enforcement of wildlife regulations. The legal significance of this authorization relationship is that it allows the Board to create detailed and specific regulations that support the overarching statutory framework, ensuring clarity and precision in the implementation of wildlife management practices.

Definitions and Miscellaneous: In General

4VAC15-20-50

Express

General

Overreach

Unauthorized

Requirements

A. In accordance with § 29.1-100 of the Code of Virginia, the following terms shall have the meanings ascribed to them by this section when used in regulations of the board: "Native animal" means those species and subspecies of animals naturally occurring in Virginia, as included in the department's 2024 "List of Native and Naturalized Fauna of Virginia," with copies available in the headquarters and regional offices of the department. "Naturalized animal" means those species and subspecies of animals not originally native to Virginia that have established wild, self-sustaining populations, as included in the department's 2024 "List of Native and Naturalized Fauna of Virginia," with copies available in the headquarters and regional offices of the department. "Nonnative (exotic) animal" means those species and subspecies of animals not naturally occurring in Virginia, excluding domestic and naturalized species. The following animals are defined as domestic animals: Domestic dog (Canis familiaris), including wolf hybrids. Domestic cat (Felis catus), including hybrids with wild felines. Domestic horse (Equus caballus), including hybrids with Equus asinus. Domestic ass, burro, and donkey (Equus asinus). Domestic cattle (Bos taurus and Bos indicus). Domestic sheep (Ovis aries), including hybrids with wild sheep. Domestic goat (Capra hircus). Domestic swine (Sus scrofa), including pot-bellied pig and excluding any swine that are wild or for which no claim of ownership can be made. Llama (Lama glama). Alpaca (Lama pacos). Camels (Camelus bactrianus and Camelus dromedarius). Domesticated races of hamsters (Mesocricetus spp.). Domesticated races of mink (Mustela vison) where adults are heavier than 1.15 kilograms or their coat color can be distinguished from wild mink. Domesticated races of guinea pigs (Cavia porcellus). Domesticated races of gerbils (Meriones unguiculatus). Domesticated races of chinchillas (Chinchilla laniger). Domesticated races of rats (Rattus norvegicus and Rattus rattus). Domesticated races of mice (Mus musculus). Domesticated breeds of European rabbit (Oryctolagus cuniculus) recognized by the American Rabbit Breeders Association, Inc. and any lineage resulting from crossbreeding recognized breeds. A list of recognized rabbit breeds is available on the department's website. Domesticated races of chickens (Gallus). Domesticated races of turkeys (Meleagris gallopavo). Domesticated races of ducks and geese distinguishable morphologically from wild birds. Feral pigeons (Columba domestica and Columba livia) and domesticated races of pigeons. Domesticated races of guinea fowl (Numida meleagris). Domesticated races of peafowl (Pavo cristatus). Domesticated morphs of red cornsnake (Pantherophis guttatus) visibly distinguishable from native red cornsnakes based on their unique colors and patterns. "Wild animal" means any member of the animal kingdom, except domestic animals, including any native, naturalized, or nonnative (exotic) mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate and any hybrid of these animals, except as otherwise specified in regulations of the board, or part, product, egg, or offspring of them, or the dead body or parts thereof.¹ B. Exception for red foxes and European rabbits. Domesticated red foxes (Vulpes vulpes) having coat colors distinguishable from wild red foxes and wild European rabbits possessed in captivity on July 1, 2017, may be maintained in captivity until the animal dies, but the animal may not be bred or sold without a permit from the department. Persons possessing domesticated red foxes or European rabbits without a permit from the department must declare such possession in writing to the department by January 1, 2018. This written declaration must include the number of individual animals in possession and date acquired, sex, estimated age, coloration, and a photograph of each fox or European rabbit. This written declaration (i) shall serve as a permit for possession only, (ii) is not transferable, and (iii) must be renewed every five years.²

Provision-Level Authorization Analysis

Provision 1

"A. In accordance with § 29.1-100 of the Code of Virginia, the following terms sh..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild animals. This broad grant of authority allows the Board to define terms and establish regulations that are necessary for the effective management and conservation of wildlife, which is reflected in the regulation's definition of "native animal." The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that align with the overarching statutory framework, ensuring comprehensive governance of wildlife resources.

DEFINITION § 29.1-100

Provision 2

"B. Exception for red foxes and European rabbits. Domesticated red foxes (Vulpes ..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after completing all applicable hearing and notice requirements. This broad grant of authority allows the board to establish specific exceptions, such as the regulation regarding the maintenance of domesticated red foxes and European rabbits, under the general framework provided by the statute. The legal significance of this relationship is that it empowers the board to create detailed regulations that address specific circumstances while remaining within the overarching authority granted by the statute.

DEFINITION § 29.1-100

Definitions and Miscellaneous: In General

4VAC15-20-60

Express

General

Overreach

Unauthorized

Requirements

The word "person," when used in the regulations of the board, may extend and be applied to bodies politic and corporate as well as individuals.¹

Provision-Level Authorization Analysis

Provision 1

"The word "person," when used in the regulations of the board, may extend and be ..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations that are necessary or proper to carry out the purposes of the title, including conferring powers and duties upon the Director. This broad grant of authority encompasses the regulation defining "person" to include bodies politic and corporate, as it is necessary for the Board to clarify the applicability of its regulations to various entities involved in hunting, fishing, and trapping activities. The legal significance of this authorization relationship is that it allows the Board to effectively implement and enforce regulations by ensuring that all relevant parties, not just individuals, are subject to the Board's regulatory framework.

Definitions and Miscellaneous: In General

4VAC15-20-65

Express

General

Overreach

Unauthorized

Requirements

In accordance with the authority of the board under subdivision 16 of § 29.1-103 of the Code of Virginia, the following fees are established for hunting, trapping, and fishing licenses and permits: Virginia Resident Licenses to Hunt Type license Fee One-year Resident License to Hunt, for licensees 16 years of age or older $22.00 Two-year Resident License to Hunt, for licensees 16 years of age or older $43.00 Three-year Resident License to Hunt, for licensees 16 years of age or older $64.00 Four-year Resident License to Hunt, for licensees 16 years of age or older $85.00 County or City Resident License to Hunt in County or City of Residence Only, for licensees 16 years of age or older $15.00 Resident Senior Citizen Annual License to Hunt, for licensees 65 years of age or older $8.00 Resident Junior License to Hunt, for licensees 12 through 15 years of age, optional for licensees younger than 12 years of age $7.50 Resident Youth Combination License to Hunt, and to hunt bear, deer, and turkey, to hunt with archery equipment during archery hunting season, and to hunt with muzzleloading guns during muzzleloading hunting season, for licensees younger than 16 years of age $15.00 Resident Sportsman License to Hunt and Freshwater Fish, and to hunt bear, deer, and turkey, to hunt with archery equipment during archery hunting season, to hunt with muzzleloading guns during muzzleloading hunting season, to fish in designated stocked trout waters (also listed under Virginia Resident Licenses to Fish) $99.00 Resident Hunting License for Partially Disabled Veterans $11.00 Resident Infant Lifetime License to Hunt $130.00 Resident Junior Lifetime License to Hunt, for licensees younger than 12 years of age at the time of purchase $260.00 Resident Lifetime License to Hunt, for licensees at the time of purchase: through 44 years of age $265.00 45 through 50 years of age $215.00 51 through 55 years of age $165.00 56 through 60 years of age $115.00 61 through 64 years of age $65.00 65 years of age and older $25.00 Totally and Permanently Disabled Resident Special Lifetime License to Hunt $15.00 Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Hunt or Freshwater Fish (also listed under Virginia Resident Licenses to Fish) no fee Virginia Resident Licenses for Additional Hunting Privileges Type license or permit Fee Resident Deer and Turkey Hunting License, for licensees 16 years of age or older $22.00 Resident Junior Deer and Turkey Hunting License, for licensees younger than 16 years of age $7.50 Resident Archery License to Hunt with archery equipment during archery hunting season $17.00 Resident Bear Hunting License $20.00 Resident Muzzleloading License to Hunt during muzzleloading hunting season $17.00 Resident Bonus Deer Permit $17.00 Resident Fox Hunting License to hunt foxes on horseback with hounds without firearms (not required of an individual holding a general License to Hunt) $22.00 Resident Special Elk Hunting License (not required outside of the Elk Management Zone and only awarded to individuals through a department elk license program) $40.00 Virginia Nonresident Licenses to Hunt Type license Fee Nonresident License to Hunt, for licensees 16 years of age or older $110.00 Nonresident Three-Day Trip License to Hunt $59.00 Nonresident Youth License to Hunt, for licensees: younger than 12 years of age $12.00 12 through 15 years of age $15.00 Nonresident Youth Combination License to Hunt, and to hunt bear, deer, and turkey, to hunt with archery equipment during archery hunting season, and to hunt with muzzleloading guns during muzzleloading hunting season, for licensees younger than 16 years of age $30.00 Nonresident Annual Hunting License for Partially Disabled Veterans $55.00 Nonresident Annual Hunting License for Totally and Permanently Disabled Veterans $27.50 Nonresident Infant Lifetime License to Hunt $275.00 Nonresident Lifetime License to Hunt $580.00 Virginia Nonresident Licenses for Additional Hunting Privileges Type license or permit Fee Nonresident Deer and Turkey Hunting License, for licensees: 16 years of age or older $85.00 12 through 15 years of age $15.00 younger than 12 years of age $12.00 Nonresident Bear Hunting License $150.00 Nonresident Archery License to Hunt with archery equipment during archery hunting season $30.00 Nonresident Muzzleloading License to Hunt during muzzleloading hunting season $30.00 Nonresident Shooting Preserve License to Hunt within the boundaries of a licensed shooting preserve $22.00 Nonresident Bonus Deer Permit $30.00 Nonresident Fox Hunting License to hunt foxes on horseback with hounds without firearms (not required of an individual holding a general License to Hunt) $110.00 Nonresident Special Elk Hunting License (not required outside of the Elk Management Zone and only awarded to individuals through a department elk license program) $400.00 Miscellaneous Licenses or Permits to Hunt Type license or permit Fee Waterfowl Hunting Stationary Blind in Public Waters License $22.50 Waterfowl Hunting Floating Blind in Public Waters License $40.00 Foxhound Training Preserve License $17.00 Public Access Lands for Sportsmen Permit to Hunt, Trap, or Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits to Fish) $17.00 Virginia Resident and Nonresident Licenses to Trap Type license Fee One-year Resident License to Trap, for licensees 16 years of age or older $45.00 Two-year Resident License to Trap, for licensees 16 years of age or older $89.00 Three-year Resident License to Trap, for licensees 16 years of age or older $133.00 Four-year Resident License to Trap, for licensees 16 years of age or older $177.00 County or City Resident License to Trap in County or City of Residence Only $20.00 Resident Junior License to Trap, for licensees younger than 16 years of age $10.00 Resident Senior Citizen License to Trap, for licensees 65 years of age or older $8.00 Resident Senior Citizen Lifetime License to Trap, for licensees 65 years of age or older $25.00 Totally and Permanently Disabled Resident Special Lifetime License to Trap $15.00 Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Trap $15.00 Nonresident License to Trap $205.00 Virginia Resident Licenses to Fish Type license Fee One-year Resident License to Freshwater Fish $22.00 Two-year Resident License to Freshwater Fish $43.00 Three-year Resident License to Freshwater Fish $64.00 Four-year Resident License to Freshwater Fish $85.00 County or City Resident License to Freshwater Fish in County or City of Residence Only $15.00 Resident License to Freshwater Fish, for licensees 65 years of age or older $8.00 Resident License to Fish in Designated Stocked Trout Waters $22.00 Resident License to Freshwater and Saltwater Fish $38.50 Resident License to Freshwater Fish for Five Consecutive Days $13.00 Resident License to Freshwater and Saltwater Fish for Five Consecutive Days $23.00 Resident Sportsman License to Hunt and Freshwater Fish, and to hunt bear, deer, and turkey, to hunt with archery equipment during archery hunting season, to hunt with muzzleloading guns during muzzleloading hunting season, to fish in designated stocked trout waters (also listed under Virginia Resident Licenses to Hunt) $99.00 Resident Fishing License for Partially Disabled Veterans $11.00 Resident Infant Lifetime License to Fish $130.00 Resident Special Lifetime License to Freshwater Fish, for licensees at the time of purchase: through 44 years of age $265.00 45 through 50 years of age $215.00 51 through 55 years of age $165.00 56 through 60 years of age $115.00 61 through 64 years of age $65.00 65 years of age and older $25.00 Resident Special Lifetime License to Fish in Designated Stocked Trout Waters, for licensees at the time of purchase: through 44 years of age $265.00 45 through 50 years of age $215.00 51 through 55 years of age $165.00 56 through 60 years of age $115.00 61 through 64 years of age $65.00 65 years of age and older $25.00 Totally and Permanently Disabled Resident Special Lifetime License to Freshwater Fish $15.00 Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Hunt and Freshwater Fish (also listed under Virginia Resident Licenses to Hunt) no fee Virginia Nonresident Licenses to Fish Type license Fee Nonresident License to Freshwater Fish $46.00 Nonresident License to Freshwater Fish in Designated Stocked Trout Waters $22.00 Nonresident License to Freshwater and Saltwater Fish $70.00 Nonresident Fishing License for Partially Disabled Veterans $23.00 Nonresident Annual Fishing License for Totally and Permanently Disabled Veterans $11.50 Nonresident License to Freshwater Fish for One Day $7.00 Nonresident License to Freshwater Fish for Five Consecutive Days $20.00 Nonresident License to Freshwater and Saltwater Fish for Five Consecutive Days $30.00 Nonresident Infant Lifetime License to Fish $275.00 Nonresident Special Lifetime License to Freshwater Fish $580.00 Nonresident Special Lifetime License to in Fish in Designated Stocked Trout Waters $580.00 Miscellaneous Licenses or Permits to Fish Type license or permit Fee Permit to Fish for One Day at Board-Designated Stocked Trout Fishing Areas with Daily Use Fees $7.00 Public Access Lands for Sportsmen Permit to Hunt, Trap, or Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits to Hunt) $17.00 Special Guest Fishing License $60.00¹

Provision-Level Authorization Analysis

Provision 1

"In accordance with the authority of the board under subdivision 16 of § 29.1-103..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and revise fees for hunting, fishing, and trapping licenses as necessary to fulfill the purposes of the title. This broad grant of authority allows the Board to establish specific fees for licenses and permits under its jurisdiction, resulting in GENERAL_DELEGATION as it empowers the Board to exercise discretion in implementing the statutory framework. The legal significance of this authorization relationship is that it enables the Board to effectively manage and regulate wildlife-related activities while ensuring compliance with the overarching statutory objectives.

Definitions and Miscellaneous: In General

4VAC15-20-66

Express

General

Overreach

Unauthorized

Requirements

A. Pursuant to the authority of the board under subdivision 14 of § 29.1-103 of the Code of Virginia and in accordance with § 29.1-113 of the Code of Virginia, a daily fee of $3.00 or an annual fee equal to the price of an annual basic state resident fishing or hunting license is established for admittance, parking, or other use at department-owned or department-managed lands and public fishing lakes. Such fee shall not apply to (i) any person holding a valid hunting, trapping, or fishing license or a current certificate of boat registration issued by the department; (ii) persons 16 years of age or younger; or (iii) the use of department-owned boat ramps.¹ B. Any person violating this section may be assessed a civil penalty of $50 in lieu of any criminal penalty.² C. The director may waive fees for any person, group, or organization whenever such action is deemed to be in the department's interest. Any or all facilities may be closed by the director without notice due to an emergency or natural disaster. Full refunds or credits may be issued whenever the closure prevents any use of the facility during the term of the permit. Partial refunds of fees may be made in the interest of providing better customer service.³ D. The director may allow deviations from established fees in the form of discounts or special promotions for the purpose of stimulating visitation and use of departmental facilities.⁴

Provision-Level Authorization Analysis

Provision 1

"A. Pursuant to the authority of the board under subdivision 14 of § 29.1-103 of ..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and resolutions necessary to carry out the purposes of the title, including the ability to revise fees for hunting, fishing, and trapping licenses. This broad grant of authority allows the Board to establish a daily fee for licenses, as outlined in the regulation, without needing to seek further specific legislative approval, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to make decisions and implement regulations that are essential for the effective management of wildlife resources and associated activities, reflecting the intent of the statute to provide flexibility in governance.

EXCEPTION § 29.1-113

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 1. Administration of Wildlife Resources › Article 3. Department of Wildlife Resources › § 29.1-113. Admittance, parking, and use at certain Department-owned facilities or Department-leased land; civil penalty A. No person shall make use of...

Provision 2

"B. Any person violating this section may be assessed a civil penalty of $50 in l..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the ability to confer powers and duties upon the Director. This broad grant of authority encompasses the regulation that allows for the assessment of civil penalties, as it falls within the Board's discretion to implement measures that ensure compliance with wildlife management and conservation laws. The legal significance of this authorization relationship is that it enables the Board to establish regulatory frameworks that promote effective enforcement and management of wildlife resources without requiring specific legislative action for each regulatory detail.

EXCEPTION § 29.1-113

Provision 3

"C. The director may waive fees for any person, group, or organization whenever s..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director to carry out the purposes of the title, including the ability to revise fees and take necessary actions for public interest. This results in GENERAL_DELEGATION because the regulation allows the Director to waive fees and close facilities in emergencies, which aligns with the Board's broad authority to act in the department's interest and manage resources effectively. The legal significance of this authorization relationship is that it empowers the Director to make timely decisions that respond to changing circumstances, ensuring the efficient operation of the agency within the framework established by the Board.

EXCEPTION § 29.1-113

Provision 4

"D. The director may allow deviations from established fees in the form of discou..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director to carry out the purposes of the title, including the ability to revise fees and implement necessary actions for wildlife management. This results in GENERAL_DELEGATION because the statute's broad language allows the Director to exercise discretion in establishing deviations from established fees, such as discounts or promotions, to enhance visitation and use of facilities, which aligns with the Board's overarching goals. The legal significance of this authorization relationship is that it empowers the Director to make decisions that can directly impact public engagement and resource management without requiring further approval from the Board, thus facilitating responsive governance.

EXCEPTION § 29.1-113

Definitions and Miscellaneous: In General

4VAC15-20-70

Express

General

Overreach

Unauthorized

Requirements

Any violation of any regulation or part of that of the board is made a misdemeanor by §§ 29.1-505 and 29.1-746 of the Code of Virginia and persons convicted of such violation will be punished as provided in said sections or other applicable provisions of the Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"Any violation of any regulation or part of that of the board is made a misdemean..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and resolutions necessary to carry out the purposes of the title, including conferring powers upon the Director and revising fees for licenses. This broad grant of authority encompasses the regulation by allowing the Board to establish penalties for violations of its regulations, thus enabling enforcement mechanisms to support the overall regulatory framework. The legal significance of this authorization relationship is that it empowers the Board to ensure compliance with its regulations through established penalties, thereby promoting effective wildlife management and conservation efforts.

CROSS-REFERENCE § 29.1-746

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 7. Boating Laws › Article 3. Boating Safety › § 29.1-746. Penalties A. Unless specified otherwise, any person who violates any provision of this chapter or any regulation adopted under this chapter shall be guilty of a Class 4 misdemeanor ...

ADDITIONAL AUTHORITY § 29.1-505

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 1. General Provisions › § 29.1-505. Penalty for violation of regulations It shall be a misdemeanor to violate any regulation promulgated pursuant to this title. Any person violating such a regulation sha...

Definitions and Miscellaneous: In General

4VAC15-20-75

Express

General

Overreach

Unauthorized

Requirements

A. This section is adopted pursuant to authority granted to the Board of Wildlife Resources under §§ 29.1-103 and 29.1-530.5 of the Code of Virginia.¹ B. Definitions used in this section, unless the contrary is clearly indicated are those used in § 29.1-530.5 of the Code of Virginia, the Wildlife Violator Compact (compact).² C. In accordance with Article VII of the compact, the board hereby authorizes the Director of the Department of Wildlife Resources to appoint the Commonwealth's representative to the Board of Compact Administrators. Such appointment shall be consistent with and subject to the provisions of the compact and such representative shall serve at the pleasure of the director.³ D. In accordance with Article IV of the compact, upon receipt from a participating state of a report of the conviction in that state of a resident of the Commonwealth, the department shall enter such conviction in its records and such conviction shall be treated as though it had occurred in the Commonwealth and therefore as a violation of the board's applicable regulations for purposes of suspension of license privileges.⁴ E. In accordance with Article IV of the compact, upon receipt from a participating state of a report of the failure of a resident of the Commonwealth to comply with the terms of a citation issued by that state, the department shall notify such person of that report in accordance with the procedures set forth in subsections G through J of this section and shall initiate a proceeding to suspend any applicable licenses issued to such person by the board until the department has received satisfactory evidence of compliance with the terms of such citation.⁵ F. In accordance with Article V of the compact, upon receipt from a participating state of a report of the suspension of license privileges of a resident of the Commonwealth issued by that state that is in accordance with suspension of license pursuant to the Code of Virginia, the department shall notify such person of that report in accordance with the procedures set forth in subsections G through J of this section and shall initiate a proceeding to suspend any applicable licenses issued to such person by the board until the department has received satisfactory evidence that such suspension has been terminated.⁶ G. Upon receipt of a report pursuant to subsection D, E, or F of this section, the director or the director's designee shall provide notice thereof to the resident of the Commonwealth who is the subject of such report. Such notice shall advise such person of the contents of the notice and of any action that the department proposes to take in response thereto.⁷ H. The person who is the subject of such notice shall be provided an opportunity to request within 30 days from the date of such notice an opportunity to contest the department's proposed action by requesting an informal fact-finding conference to be conducted by a representative of the department designated by the director. Although such proceedings are exempt from the requirements of the Administrative Process Act (§ 2.2-4000 et seq . of the Code of Virginia) as provided by § 2.2-4002 A 3 of the Code of Virginia, the department shall to the extent practicable afford such persons seeking an informal fact-finding conference the rights provided under § 2.2-4019 of the Code of Virginia . Those include the right to receive reasonable notice as described in subsection G of this section and the right to appear in person or by counsel before the designated representative of the department. However, no discovery shall be conducted and no subpoenas shall be issued as part of any such proceeding.⁸ I. An informal fact-finding proceeding shall be completed within 60 days of receipt by the department of the request described in subsection H of this section. Upon such completion the designated representative of the department shall make a recommended decision to the director or to such person designated by the director to make such decision. The decision maker shall promptly issue a written decision to the person who requested the proceeding. If the affected party is not satisfied by this decision it may be appealed to a three member panel as appointed by the agency director.⁹ J. Any decision upholding the suspension of licensing privileges as a result of the process described in subsections D through I of this section shall be entered by the department on its records and shall be treated as though it had occurred in the Commonwealth and therefore as a violation of the board's applicable regulations.¹⁰ K. The director shall establish procedures for reporting to participating states convictions or failures to comply with citations in the Commonwealth by residents of those respective states. Such procedures shall comply with the reporting requirements established by and pursuant to the provisions of the compact.¹¹

Provision-Level Authorization Analysis

Provision 1

"A. This section is adopted pursuant to authority granted to the Board of Wildli..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and resolutions necessary to carry out the purposes of the title, including conferring powers upon the Director and revising fees for licenses. This broad grant of authority allows the Board to implement regulations that align with its responsibilities, resulting in GENERAL_DELEGATION as it encompasses a wide range of regulatory actions without needing to specify each one. The legal significance of this authorization relationship is that it empowers the Board to act flexibly and responsively in managing wildlife resources, ensuring effective governance under the statutory framework.

ADDITIONAL AUTHORITY § 2.2-4000

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4000. Short title; purpose A. This chapter may be cited as the "Administrative Process A...

DEFINITION § 29.1-530.5

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 2.1. Wildlife Violator Compact › § 29.1-530.5. Wildlife Violator Compact ARTICLE I Findings, Declaration of Policy, and Purpose (a) The participating states find that: (1) Wildlife resources are managed ...

CROSS-REFERENCE § 2.2-4019

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 3. Case Decisions › § 2.2-4019. Informal fact finding proceedings A. Agencies shall ascertain the fact basis for their...

EXCEPTION § 2.2-4002

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4002. Exemptions from chapter generally A. Although required to comply with § 2.2-4103of...

Provision 2

"B. Definitions used in this section, unless the contrary is clearly indicated a..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and resolutions necessary to carry out the purposes of the title, including the ability to confer powers upon the Director. This broad grant of authority encompasses the regulation, as it allows the Board to define terms and implement provisions related to the Interstate Wildlife Violator Compact, which is essential for the Board's responsibilities under the statute. The legal significance of this authorization relationship is that it enables the Board to effectively manage wildlife regulations and ensure compliance with interstate agreements, thereby promoting sound wildlife management practices.

ADDITIONAL AUTHORITY § 2.2-4000

DEFINITION § 29.1-530.5

CROSS-REFERENCE § 2.2-4019

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 3. Case Decisions › § 2.2-4019. Informal fact finding proceedings A. Agencies shall ascertain the fact basis for their...

EXCEPTION § 2.2-4002

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4002. Exemptions from chapter generally A. Although required to comply with § 2.2-4103of...

Provision 3

"C. In accordance with Article VII of the compact, the board hereby authorizes th..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director to carry out the purposes of the title, including taking necessary actions to implement the Interstate Wildlife Violator Compact. This results in GENERAL_DELEGATION because the regulation aligns with the Board's broad authority to delegate responsibilities related to the Compact, allowing the Director to appoint a representative, which is essential for the Commonwealth's participation in the Compact. The legal significance of this authorization relationship is that it empowers the Director to act on behalf of the Board, ensuring effective implementation of the Compact while remaining within the scope of the authority granted by the statute.

ADDITIONAL AUTHORITY § 2.2-4000

DEFINITION § 29.1-530.5

CROSS-REFERENCE § 2.2-4019

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 3. Case Decisions › § 2.2-4019. Informal fact finding proceedings A. Agencies shall ascertain the fact basis for their...

EXCEPTION § 2.2-4002

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4002. Exemptions from chapter generally A. Although required to comply with § 2.2-4103of...

Provision 4

"D. In accordance with Article IV of the compact, upon receipt from a participati..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including taking actions to enable the Commonwealth to participate in the Interstate Wildlife Violator Compact. This broad grant of authority allows the Board to delegate powers to the Director, which encompasses the regulation that mandates the department to enter convictions from participating states into its records, as it directly relates to implementing the Compact. The legal significance of this authorization relationship is that it ensures the Board can effectively manage and enforce wildlife regulations across state lines, fulfilling its statutory responsibilities while allowing for operational flexibility through delegation.

ADDITIONAL AUTHORITY § 2.2-4000

DEFINITION § 29.1-530.5

CROSS-REFERENCE § 2.2-4019

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 3. Case Decisions › § 2.2-4019. Informal fact finding proceedings A. Agencies shall ascertain the fact basis for their...

EXCEPTION § 2.2-4002

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4002. Exemptions from chapter generally A. Although required to comply with § 2.2-4103of...

Provision 5

"E. In accordance with Article IV of the compact, upon receipt from a participati..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including taking regulatory action to enable the Commonwealth to join the Interstate Wildlife Violator Compact. This results in GENERAL_DELEGATION because the regulation directly implements the Board's authority to act on reports from participating states regarding compliance with citations, which is a necessary function of the Compact as outlined in the statute. The legal significance of this authorization relationship is that it allows the agency to effectively manage and enforce wildlife regulations in accordance with interstate agreements, ensuring compliance and promoting sound wildlife management practices.

ADDITIONAL AUTHORITY § 2.2-4000

DEFINITION § 29.1-530.5

CROSS-REFERENCE § 2.2-4019

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 3. Case Decisions › § 2.2-4019. Informal fact finding proceedings A. Agencies shall ascertain the fact basis for their...

EXCEPTION § 2.2-4002

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4002. Exemptions from chapter generally A. Although required to comply with § 2.2-4103of...

Provision 6

"F. In accordance with Article V of the compact, upon receipt from a participatin..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including taking actions to enable the Commonwealth to participate in the Interstate Wildlife Violator Compact. This broad grant of authority allows the regulation to be categorized under GENERAL_DELEGATION, as it empowers the agency to implement specific provisions of the Compact, including handling reports of license suspensions from participating states. The legal significance of this authorization relationship is that it ensures the agency can effectively manage and enforce compliance with interstate wildlife regulations, thereby promoting sound wildlife management and public safety.

ADDITIONAL AUTHORITY § 2.2-4000

DEFINITION § 29.1-530.5

CROSS-REFERENCE § 2.2-4019

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 3. Case Decisions › § 2.2-4019. Informal fact finding proceedings A. Agencies shall ascertain the fact basis for their...

EXCEPTION § 2.2-4002

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4002. Exemptions from chapter generally A. Although required to comply with § 2.2-4103of...

Provision 7

"G. Upon receipt of a report pursuant to subsection D, E, or F of this section, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director to carry out the purposes of the title, including the ability to revise regulations and take necessary actions for wildlife management. This results in GENERAL_DELEGATION because the regulation falls within the scope of the Board's broad authority to implement necessary actions and provide notice related to reports, which is essential for effective wildlife management and public engagement. The legal significance of this authorization relationship is that it allows the Director to act with the delegated authority of the Board, ensuring that regulatory actions are consistent with the overarching goals of the statute while maintaining operational efficiency.

ADDITIONAL AUTHORITY § 2.2-4000

DEFINITION § 29.1-530.5

CROSS-REFERENCE § 2.2-4019

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 3. Case Decisions › § 2.2-4019. Informal fact finding proceedings A. Agencies shall ascertain the fact basis for their...

EXCEPTION § 2.2-4002

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4002. Exemptions from chapter generally A. Although required to comply with § 2.2-4103of...

Provision 8

"H. The person who is the subject of such notice shall be provided an opportunity..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director to carry out the purposes of the title, including the ability to revise regulations and take necessary actions. This broad grant of authority allows for the establishment of procedures, such as providing individuals the opportunity to contest proposed actions through an informal fact-finding conference, which aligns with the Board's responsibility to ensure fair and effective management of wildlife-related activities. The legal significance of this authorization relationship is that it empowers the agency to implement necessary regulatory frameworks while ensuring that individuals have a mechanism to challenge decisions, thereby promoting transparency and accountability in the agency's actions.

ADDITIONAL AUTHORITY § 2.2-4000

DEFINITION § 29.1-530.5

CROSS-REFERENCE § 2.2-4019

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 3. Case Decisions › § 2.2-4019. Informal fact finding proceedings A. Agencies shall ascertain the fact basis for their...

EXCEPTION § 2.2-4002

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4002. Exemptions from chapter generally A. Although required to comply with § 2.2-4103of...

Provision 9

"I. An informal fact-finding proceeding shall be completed within 60 days of rece..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director to carry out the purposes of the title, including the ability to revise regulations and take necessary actions for wildlife management. This broad grant of authority allows for GENERAL_DELEGATION because it empowers the Director to implement procedures, such as informal fact-finding proceedings, that are essential for the efficient administration of the Board's responsibilities. The legal significance of this authorization relationship is that it enables the Director to exercise delegated powers in a manner consistent with the Board's overarching goals, ensuring effective governance and regulatory compliance within the framework established by the statute.

ADDITIONAL AUTHORITY § 2.2-4000

DEFINITION § 29.1-530.5

CROSS-REFERENCE § 2.2-4019

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 3. Case Decisions › § 2.2-4019. Informal fact finding proceedings A. Agencies shall ascertain the fact basis for their...

EXCEPTION § 2.2-4002

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4002. Exemptions from chapter generally A. Although required to comply with § 2.2-4103of...

Provision 10

"J. Any decision upholding the suspension of licensing privileges as a result of ..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director to carry out the purposes of the title, including revising fees and taking necessary regulatory actions. This broad grant of authority encompasses the regulation regarding the suspension of licensing privileges, as it falls within the Board's responsibility to manage and enforce licensing matters related to hunting, fishing, and trapping. The legal significance of this authorization relationship is that it allows the Board to delegate regulatory powers to the Director, ensuring efficient implementation of the statutory provisions while maintaining oversight of licensing enforcement.

ADDITIONAL AUTHORITY § 2.2-4000

DEFINITION § 29.1-530.5

CROSS-REFERENCE § 2.2-4019

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 3. Case Decisions › § 2.2-4019. Informal fact finding proceedings A. Agencies shall ascertain the fact basis for their...

EXCEPTION § 2.2-4002

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4002. Exemptions from chapter generally A. Although required to comply with § 2.2-4103of...

Provision 11

"K. The director shall establish procedures for reporting to participating states..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director to carry out the purposes of the title, including actions necessary to implement the Interstate Wildlife Violator Compact. This results in GENERAL_DELEGATION because the regulation concerning the establishment of reporting procedures for convictions aligns with the Board's broad authority to take necessary regulatory actions to fulfill the Commonwealth's obligations under the Compact. The legal significance of this authorization relationship is that it empowers the Director to create specific procedures that facilitate compliance with interstate agreements, reflecting the Board's overarching responsibility to manage wildlife regulations effectively.

ADDITIONAL AUTHORITY § 2.2-4000

DEFINITION § 29.1-530.5

CROSS-REFERENCE § 2.2-4019

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 3. Case Decisions › § 2.2-4019. Informal fact finding proceedings A. Agencies shall ascertain the fact basis for their...

EXCEPTION § 2.2-4002

Title 2.2. Administration of Government › Subtitle II. Administration of State Government › Part B. Transaction of Public Business › Chapter 40. Administrative Process Act › Article 1. General Provisions › § 2.2-4002. Exemptions from chapter generally A. Although required to comply with § 2.2-4103of...

Definitions and Miscellaneous: In General

4VAC15-20-90

Express

General

Overreach

Unauthorized

Requirements

Permits for drilling, dredging and other operations in Back Bay area.¹ Drilling, dredging and any other operation designed to recover or obtain shell, minerals or any other substance shall be unlawful on lands owned by or under the control of the Commonwealth of Virginia under Back Bay, its tributaries and the North Landing River from the North Carolina line to North Landing Bridge unless a permit is first obtained from the board.² Application for a permit under this section shall be made to the board in such form and substance as the board may require.³ Under the authority of § 29.1-103 of the Code of Virginia, the board shall grant or refuse such permits as conditions may require in order to prevent practices and operations which would harm the area for fish and wildlife.⁴

Provision-Level Authorization Analysis

Provision 1

"Permits for drilling, dredging and other operations in Back Bay area."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various activities that could impact wildlife and their habitats, allowing for regulations that address environmental management practices, such as permits for drilling and dredging operations in areas like Back Bay. The legal significance of this authorization relationship is that it enables the Board to implement necessary measures to protect wildlife and their ecosystems, reflecting a comprehensive approach to wildlife conservation and management.

Provision 2

"Drilling, dredging and any other operation designed to recover or obtain shell, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the power to confer duties upon the Director and to take regulatory actions deemed necessary for the management of wildlife and related resources. This results in GENERAL_DELEGATION because the regulation concerning the prohibition of drilling, dredging, and other operations on Commonwealth lands aligns with the Board's broad mandate to protect and manage natural resources, ensuring the sustainability of wildlife habitats. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations for resource conservation, reflecting the statutory intent to safeguard public interests and environmental integrity.

Provision 3

"Application for a permit under this section shall be made to the board in such f..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director to carry out the purposes of the title, including the ability to revise regulations and establish requirements for permits. This results in GENERAL_DELEGATION because the regulation allows the Board to set the form and substance of permit applications, which aligns with the broad authority given to the Board to determine necessary actions for effective management and enforcement of wildlife regulations. The legal significance of this authorization relationship is that it empowers the Board to exercise discretion in implementing regulatory processes, ensuring adaptability and responsiveness to the needs of wildlife management and public engagement.

Provision 4

"Under the authority of § 29.1-103 of the Code of Virginia, the board shall grant..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the ability to confer powers and duties upon the Director. This broad grant of authority encompasses the regulation's requirement to grant or refuse permits to prevent harmful practices affecting fish and wildlife, as it aligns with the Board's responsibility to manage and protect these resources. The legal significance of this authorization relationship is that it allows for a flexible regulatory framework, enabling the Board to respond effectively to the needs of wildlife management while ensuring compliance with statutory mandates.

Definitions and Miscellaneous: In General

4VAC15-20-100

Express

General

Overreach

Unauthorized

Requirements

Prohibited use of vehicles on department-owned lands.¹ It shall be unlawful on department-owned lands to drive through or around gates designed to prevent entry with any type of motorized vehicle or to use such vehicles to travel anywhere on such lands except on roads open to vehicular traffic.² Any motor-driven vehicle shall conform with all state laws for highway travel; provided, that this requirement shall not apply to the operation of motor vehicles for administrative purposes by department-authorized personnel on department-owned lands.³ Nothing in this section shall be construed to prohibit the use of Class one or Class two electric power-assisted bicycles as defined in § 46.2-100 of the Code of Virginia where traditional bicycles are allowed.⁴ Class three electric power-assisted bicycles as defined in § 46.2-100 are prohibited.⁵ Nothing in this section shall be construed to prohibit the department from allowing the use of wheelchairs or other power-driven mobility devices by individuals with mobility disabilities in accordance with the federal Americans with Disabilities Act of 1990 (P.L. 101-336, 104 Stat. 327).⁶ For the purposes of this section, the term "wheelchair" means a manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor, locomotion. "Other power-driven mobility device" means any mobility device powered by batteries, fuel, or other engines, whether or not designed primarily for use by individuals with mobility disabilities, that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistive mobility devices, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section.⁷

Provision-Level Authorization Analysis

Provision 1

"Prohibited use of vehicles on department-owned lands."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the power to confer duties upon the Director and revise regulations as deemed appropriate. This broad grant of authority encompasses the regulation regarding the prohibited use of vehicles on department-owned lands, as it falls within the Board's responsibility to manage and protect wildlife and their habitats effectively. The legal significance of this authorization relationship is that it allows for the implementation of necessary regulations that ensure the proper management of public lands and resources, reflecting the Board's overarching mandate to uphold the provisions of the title.

DEFINITION § 46.2-100

Title 46.2. Motor Vehicles › Subtitle I. General Provisions; Department of Motor Vehicles › Chapter 1. General Provisions › § 46.2-100. Definitions As used in this title, unless the context requires a different meaning: "All-terrain vehicle" means a motor vehicle having three or more wheels that is ...

Provision 2

"It shall be unlawful on department-owned lands to drive through or around gates ..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the power to confer duties upon the Director and to revise regulations as deemed appropriate. This results in GENERAL_DELEGATION because the regulation concerning the prohibition of motorized vehicles on department-owned lands falls within the Board's broad authority to manage and protect wildlife and natural resources, ensuring public safety and sound management practices. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations for the effective stewardship of public lands, thereby facilitating compliance with broader statutory objectives.

DEFINITION § 46.2-100

Provision 3

"Any motor-driven vehicle shall conform with all state laws for highway travel; p..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the power to confer duties upon the Director and revise regulations as deemed appropriate. This broad grant of authority encompasses the regulation regarding motor-driven vehicles, as it falls within the Board's responsibility to manage activities on department-owned lands and ensure compliance with state laws. The legal significance of this authorization relationship is that it allows for flexibility in the implementation of regulations, enabling the Board to adapt and enforce rules that align with the overarching goals of wildlife management and public safety.

DEFINITION § 46.2-100

Provision 4

"Nothing in this section shall be construed to prohibit the use of Class one or C..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the regulation of activities associated with wildlife management, which can encompass the use of various modes of transportation, including electric bicycles, in contexts where wildlife interactions occur. The legal significance of this authorization relationship is that it enables the Board to implement regulations that facilitate the management of wildlife-related activities while ensuring public safety and compliance with wildlife conservation efforts.

DEFINITION § 46.2-100

Provision 5

"Class three electric power-assisted bicycles as defined in § 46.2-100 are prohib..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically states that the board has the authority to adopt regulations and amendments to regulations only after completing all applicable hearing and notice requirements. The regulation prohibiting class three electric power-assisted bicycles appears to exceed the board's authority because the statute does not grant the board the power to ban specific types of bicycles; it only allows for the adoption of regulations following proper procedures. The legal significance of this relationship is that the regulation may be invalidated if it is found to exceed the scope of the authority granted by the statute, as it does not align with the legislative intent expressed in § 29.1-502.

DEFINITION § 46.2-100

Provision 6

"Nothing in this section shall be construed to prohibit the department from allow..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation because it allows for the establishment of rules that facilitate access and inclusion for individuals with mobility disabilities, thereby ensuring compliance with federal law while promoting the overall management of wildlife resources. The legal significance of this authorization relationship is that it empowers the agency to create inclusive regulations that align with statutory objectives, thereby enhancing the agency's ability to serve diverse populations while fulfilling its regulatory responsibilities.

DEFINITION § 46.2-100

Provision 7

"For the purposes of this section, the term "wheelchair" means a manually operate..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of regulations that can encompass various aspects of wildlife management, including definitions and provisions that support accessibility for individuals with mobility disabilities, thereby resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations that address not only the direct management of wildlife but also the inclusion of provisions that facilitate compliance and accessibility for all individuals.

DEFINITION § 46.2-100

Definitions and Miscellaneous: In General

4VAC15-20-110

Express

General

Overreach

Unauthorized

Requirements

Refusal to surrender licenses, permits, stamps, or records to department representatives.¹ No agent, or any other person for him, in possession of issued or unissued hunting, fishing or trapping licenses, permits, stamps, or records pertaining to them, shall refuse to surrender upon demand such licenses, permits, stamps or records to department representatives authorized by the director to take such licenses, permits, stamps, and records into custody.²

Provision-Level Authorization Analysis

Provision 1

"Refusal to surrender licenses, permits, stamps, or records to department represe..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the refusal to surrender licenses, permits, stamps, or records to department representatives, as it directly relates to the enforcement and management of the activities regulated under the statute. The legal significance of this authorization relationship is that it allows the Board to establish necessary regulations to ensure compliance and effective oversight of wildlife management, thereby supporting the overall objectives of the statute.

Provision 2

"No agent, or any other person for him, in possession of issued or unissued hunti..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation, as it addresses the management and oversight of licenses, permits, and records associated with these activities, ensuring compliance and proper enforcement. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to effectively manage wildlife resources and enforce compliance among individuals engaged in hunting and fishing activities.

Definitions and Miscellaneous: In General

4VAC15-20-120

Express

General

Overreach

Unauthorized

Requirements

A. It shall be unlawful to construct, maintain or occupy any permanent structure, except by permit, on department-owned lands and national forest lands. This provision shall not apply to structures, stands or blinds provided by the department.¹ B. It shall be unlawful to maintain any temporary dwelling on department-owned lands for a period greater than 14 consecutive days. Any person constructing or occupying any temporary structure shall be responsible for complete removal of such structures when vacating the site.² C. It shall be unlawful to construct, maintain or occupy any tree stand on department-owned lands and national forest lands and on Department of Conservation and Recreation owned or controlled lands, provided that portable tree stands which are not permanently affixed may be used.³ D. Portable tree stands that are not permanently affixed can be placed on department-owned lands on or after September 15 and must be removed on or prior to January 31 of the following calendar year. Tree stands will be considered abandoned and will be confiscated by the department if left on department-owned lands after January 31.⁴

Provision-Level Authorization Analysis

Provision 1

"A. It shall be unlawful to construct, maintain or occupy any permanent structure..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling hearing and notice requirements. This broad grant of authority allows the board to establish regulations that govern activities on department-owned and national forest lands, such as the prohibition on constructing, maintaining, or occupying permanent structures without a permit. The legal significance of this relationship is that it empowers the board to implement necessary regulations to manage and protect public lands effectively, reflecting the legislative intent to provide comprehensive oversight.

Provision 2

"B. It shall be unlawful to maintain any temporary dwelling on department-owned l..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the management and use of wild birds, wild animals, and inland water fish, which includes a broad scope of activities such as hunting, capturing, and possession. This broad grant of authority allows for the establishment of regulations that ensure the proper management of wildlife habitats, which can include restrictions on temporary dwellings on department-owned lands to protect those habitats. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations that support wildlife conservation and management, reflecting a comprehensive approach to the stewardship of natural resources.

Provision 3

"C. It shall be unlawful to construct, maintain or occupy any tree stand on depar..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the construction, maintenance, or occupation of tree stands on certain lands, as it relates to the management and regulation of activities that impact wildlife and their habitats. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure the conservation and responsible use of wildlife resources, reflecting the intent of the statute to manage and protect these resources effectively.

Provision 4

"D. Portable tree stands that are not permanently affixed can be placed on depart..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority encompasses the regulation concerning portable tree stands, as it pertains to the management and use of department-owned lands in relation to wildlife activities. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure the responsible use of resources and to protect wildlife habitats, thus supporting effective wildlife conservation efforts.

Definitions and Miscellaneous: In General

4VAC15-20-130

Express

General

Overreach

Unauthorized

Requirements

A. The board hereby adopts the Federal Endangered and Threatened Species List, Endangered Species Act of December 28, 1973 (16 USC §§ 1531-1543), as amended as of October 10, 2024, and declares all species listed thereon to be endangered or threatened species in the Commonwealth. Pursuant to subdivision 12 of § 29.1-103 of the Code of Virginia, the director is hereby delegated authority to propose adoption of modifications and amendments to the Federal Endangered and Threatened Species List in accordance with the procedures of §§ 29.1-501 and 29.1-502 of the Code of Virginia.¹ B. In addition to the provisions of subsection A of this section, the following species are declared endangered or threatened in the Commonwealth and are afforded the protection provided by Article 6 (§ 29.1-563 et seq.) of Chapter 5 of Title 29.1 of the Code of Virginia: 1. Fish: Endangered: Dace, Clinch Chrosomus sp. cf. saylori Dace, Tennessee Phoxinus tennesseensis Darter, sharphead Etheostoma acuticeps Darter, variegate Etheostoma variatum Sunfish, blackbanded Enneacanthus chaetodon Threatened: Darter, Carolina Etheostoma collis Darter, golden Etheostoma denoncourti Darter, greenfin Etheostoma chlorobranchium Darter, western sand Ammocrypta clara Madtom, orangefin Noturus gilberti Paddlefish Polyodon spathula Shiner, emerald Notropis atherinoides Shiner, steelcolor Cyprinella whipplei Shiner, whitemouth Notropis alborus² 2. Amphibians: Endangered: Salamander, eastern tiger Ambystoma tigrinum Threatened: Salamander, Mabee's Ambystoma mabeei³ 3. Reptiles: Endangered: Rattlesnake, canebrake (Coastal Plain population of timber rattlesnake) Crotalus horridus Turtle, bog Glyptemys muhlenbergii Turtle, eastern chicken Deirochelys reticularia Threatened: Lizard, eastern glass Ophisaurus ventralis Turtle, wood Glyptemys insculpta⁴ 4. Birds: Endangered: Plover, Wilson's Charadrius wilsonia Rail, black Laterallus jamaicensis Woodpecker, red-cockaded Dryobates borealis Wren, Bewick's Thryomanes bewickii Threatened: Falcon, peregrine Falco peregrinus Shrike, loggerhead Lanius ludovicianus Sparrow, Bachman's Aimophila aestivalis Sparrow, Henslow's Ammodramus henslowii Tern, gull-billed Sterna nilotica⁵ 5. Mammals: Endangered: Bat, Rafinesque's eastern big-eared Corynorhinus rafinesquii macrotis Bat, little brown Myotis lucifugus Bat, tri-colored Perimyotis subflavus Hare, snowshoe Lepus americanus Shrew, American water Sorex palustris Vole, rock Microtus chrotorrhinus⁶ 6. Mollusks: Endangered: Coil, rubble Helicodiscus lirellus Coil, shaggy Helicodiscus diadema Deertoe Truncilla truncata Elephantear Elliptio crassidens Elimia, spider Elimia arachnoidea Floater, brook Alasmidonta varicosa Ghostsnail, thankless Holsingeria unthanksensis Heelsplitter, Tennessee Lasmigona holstonia Lilliput, purple Toxolasma lividus Mussel, slippershell Alasmidonta viridis Pigtoe, Ohio Pleurobema cordatum Pigtoe, pyramid Pleurobema rubrum Springsnail, Appalachian Fontigens bottimeri Springsnail (no common name) Fontigens morrisoni Supercoil, spirit Paravitrea hera Threatened: Floater, green Lasmigona subviridis Papershell, fragile Leptodea fragilis Pimpleback Quadrula pustulosa Pistolgrip Tritogonia verrucosa Riversnail, spiny Iofluvialis Sandshell, black Ligumia recta Supercoil, brown Paravitrea septadens⁷ 7. Arthropods: Threatened: Amphipod, Madison Cave Stygobromus stegerorum Pseudotremia, Ellett Valley Pseudotremia cavernarum Xystodesmid, Laurel Creek Sigmoria whiteheadi⁸ C. It shall be unlawful to take, transport, process, sell, or offer for sale within the Commonwealth any threatened or endangered species of fish or wildlife except as authorized by law.⁹ D. The incidental take of certain species may occur in certain circumstances and with the implementation of certain conservation practices as described in this subsection: Species Location Allowable Circumstances Required Conservation Measures Expected Incidental Take Little brown bat, Tri-colored bat Statewide Human health risk – need for removal of individual animals from human-habited structures. Between May 15 and August 31, no exclusion of bats from maternity colonies, except for human health concerns. Department-permitted nuisance wildlife control operator with department-recognized certification in techniques associated with removal of bats. Use of exclusion devices that allow individual animals to escape. Manual collection of individual animals incapable of sustaining themselves; transport to a willing and appropriately permitted wildlife rehabilitator. Little to no direct lethal taking expected. Public safety or property damage risk – need for tree removal, application of prescribed fire, or other land management actions affecting known roosts; removal of animals from known roosts. Hibernacula: no tree removal, use of prescribed fire, or other land management action within a 250-foot radius buffer area from December 1 through April 30. Between September 1 and November 30, increase the buffer to a 1/4-mile radius with the following conditions: for timber harvests greater than 20 acres, retain snags and wolf trees (if not presenting public safety or property risk) and small tree groups up to 15 trees of 3-inch diameter at breast height (dbh) or greater, one tree group per 20 acres. Otherwise, document the need (public safety, property damage risk) for tree removal during this period and verify that no known roost trees exist in the buffer area. Tree removal and prescribed fire are permitted outside of these dates. Known roost trees: no tree removal, use of prescribed fire, or other land management action within a 150-foot radius buffer area from June 1 through July 31, if possible. Otherwise, document public safety or property damage risk. Department-permitted nuisance wildlife control operator with department-recognized certification in techniques associated with removal of bats. Use of exclusion devices that allow individual animals to escape. Manual collection of individual animals incapable of sustaining themselves; transport to a willing and appropriately permitted wildlife rehabilitator. Little to no direct lethal taking expected.¹⁰

Provision-Level Authorization Analysis

Provision 1

"A. The board hereby adopts the Federal Endangered and Threatened Species List, E..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to incorporate external standards, such as the Federal Endangered and Threatened Species List, into its regulations, thereby justifying the use of GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the board to align state regulations with federal standards, ensuring consistency in the protection of endangered and threatened species within the Commonwealth.

DEFINITION § 29.1-563

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 6. Endangered Species › § 29.1-563. Definitions For the purposes of this article: "Conservation plan" means a document developed by the Department and approved by the Director that describes the Departme...

CROSS-REFERENCE § 1531-1543

Provision 2

"B. In addition to the provisions of subsection A of this section, the following ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation that declares certain species as endangered or threatened, as it falls within the scope of managing and protecting wildlife resources. The legal significance of this authorization relationship is that it allows the Board to implement necessary protections for vulnerable species, ensuring compliance with conservation efforts under the broader framework established by the statute.

DEFINITION § 29.1-563

CROSS-REFERENCE § 1531-1543

Provision 3

"2. Amphibians: Endangered: Salamander, eastern tiger Ambystoma tigrinum Threaten..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically states that the board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements. The regulation listing specific amphibians as endangered or threatened may exceed the board's authority because the statute does not explicitly grant the board the power to designate species status; it only allows for the adoption of regulations after procedural requirements are met. The legal significance of this relationship is that if the regulation goes beyond the scope of authority granted by the statute, it may be challenged as invalid or unenforceable.

DEFINITION § 29.1-563

CROSS-REFERENCE § 1531-1543

Provision 4

"3. Reptiles: Endangered: Rattlesnake, canebrake (Coastal Plain population of tim..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation of endangered and threatened species, as it allows for the establishment of protections and management measures for specific wildlife, including reptiles listed in the regulation. The legal significance of this authorization relationship is that it empowers the Board to implement necessary conservation measures without requiring further legislative action, thereby facilitating timely and effective wildlife management.

DEFINITION § 29.1-563

CROSS-REFERENCE § 1531-1543

Provision 5

"4. Birds: Endangered: Plover, Wilson's Charadrius wilsonia Rail, black Laterallu..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning endangered and threatened bird species, allowing the Board to establish specific protections and management practices for these species under the general authority provided by the statute. The legal significance of this authorization relationship is that it enables the Board to implement necessary conservation measures without needing to seek further legislative approval, thereby facilitating timely and effective wildlife management.

DEFINITION § 29.1-563

CROSS-REFERENCE § 1531-1543

Provision 6

"5. Mammals: Endangered: Bat, Rafinesque's eastern big-eared Corynorhinus rafines..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation of specific species, such as endangered mammals, as it falls under the category of managing wildlife and their conservation. The legal significance of this authorization relationship is that it allows the Board to implement necessary protections and regulations for endangered species, ensuring their preservation while aligning with the overarching statutory mandate.

DEFINITION § 29.1-563

CROSS-REFERENCE § 1531-1543

Provision 7

"6. Mollusks: Endangered: Coil, rubble Helicodiscus lirellus Coil, shaggy Helicod..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation of mollusks as it pertains to the protection and management of wildlife, allowing for the inclusion of endangered species within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it enables the Board to implement necessary conservation measures for various species, including those not explicitly mentioned in the statute, under the umbrella of wildlife management.

DEFINITION § 29.1-563

CROSS-REFERENCE § 1531-1543

Provision 8

"7. Arthropods: Threatened: Amphipod, Madison Cave Stygobromus stegerorum Pseudot..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of wildlife management activities, allowing the Board to include regulations on threatened species such as certain arthropods, thereby justifying the GENERAL_DELEGATION authorization level. The legal significance of this relationship is that it empowers the Board to regulate not only traditional game species but also other wildlife categories, ensuring comprehensive management and protection of various species under its jurisdiction.

DEFINITION § 29.1-563

CROSS-REFERENCE § 1531-1543

Provision 9

"C. It shall be unlawful to take, transport, process, sell, or offer for sale wit..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation prohibiting the taking, transporting, processing, selling, or offering for sale of threatened or endangered species, as it directly relates to the management and protection of wildlife within the Commonwealth. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to protect vulnerable species while ensuring compliance with the overarching statutory framework.

DEFINITION § 29.1-563

CROSS-REFERENCE § 1531-1543

Provision 10

"D. The incidental take of certain species may occur in certain circumstances and..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of various aspects of wildlife management, including the incidental take of species under specified circumstances and conservation measures, which aligns with the Board's responsibility to manage wildlife resources effectively. The legal significance of this authorization relationship is that it empowers the Board to create flexible regulations that can adapt to specific conservation needs while remaining within the overarching framework established by the statute.

DEFINITION § 29.1-563

CROSS-REFERENCE § 1531-1543

Definitions and Miscellaneous: In General

4VAC15-20-140

Express

General

Overreach

Unauthorized

Requirements

Endangered species" means any species which is in danger of extinction throughout all or a significant portion of its range within the Commonwealth, other than a species of the class Insecta deemed to be a pest whose protection would present an overriding risk to the health or economic welfare of the Commonwealth.¹ 2. "Fish or wildlife" means any member of the animal kingdom, vertebrate or invertebrate, without limitation, and includes any part, products, egg, or the dead body or parts of it.² 3. "Harass," in the definition of "take," means an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding or sheltering.³ 4. "Harm," in the definition of "take," means an act which actually kills or injures wildlife.⁴ Such act may include significant habitat modifications or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.⁵ 5. "Person" means any individual, firm, corporation, association or partnership.⁶ 6. "Species" includes any subspecies of fish or wildlife and any distinct population segment of any species or vertebrate fish or wildlife which interbreed when mature.⁷ 7. "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, possess or collect, or to attempt to engage in any such conduct.⁸ 8. "Threatened species" means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range within the Commonwealth.⁹

Provision-Level Authorization Analysis

Provision 1

"Endangered species" means any species which is in danger of extinction throughou..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning endangered species, as it falls within the scope of managing wildlife and ensuring the protection of species that may be threatened or at risk. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to conserve wildlife populations and habitats, reflecting the state's commitment to environmental stewardship and biodiversity protection.

CROSS-REFERENCE § 29.1-570

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 6. Endangered Species › § 29.1-570. Cooperation of state agencies All departments, commissions, boards, authorities, agencies, offices and institutions within any branch of the state government shall coo...

EXCEPTION § 29.1-564

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 6. Endangered Species › § 29.1-564. Taking, transportation, sale, etc., of endangered species prohibited The taking, transportation, possession, sale, or offer for sale within the Commonwealth of any fis...

Provision 2

"2. "Fish or wildlife" means any member of the animal kingdom, vertebrate or inve..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities and definitions concerning wildlife, allowing for the regulation of all members of the animal kingdom, which aligns with the regulation's definition of "fish or wildlife." The legal significance of this relationship is that it provides the Board with the necessary flexibility to address various aspects of wildlife management under a general delegation of authority, ensuring comprehensive regulatory oversight.

CROSS-REFERENCE § 29.1-570

EXCEPTION § 29.1-564

Provision 3

"3. "Harass," in the definition of "take," means an intentional or negligent act ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's definition of "harass" within the context of "take," as it addresses actions that could disrupt the normal behavior of wildlife, thus falling under the Board's regulatory purview. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to protect wildlife, ensuring that regulations can adapt to changing circumstances and promote conservation effectively.

CROSS-REFERENCE § 29.1-570

EXCEPTION § 29.1-564

Provision 4

"4. "Harm," in the definition of "take," means an act which actually kills or inj..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows for the establishment of definitions and clarifications, such as the definition of "harm" in the context of "take," which is essential for effective wildlife management and enforcement. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that are necessary to implement the overarching statutory framework, ensuring the protection and regulation of wildlife resources.

CROSS-REFERENCE § 29.1-570

EXCEPTION § 29.1-564

Provision 5

"Such act may include significant habitat modifications or degradation where it a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's focus on habitat modifications that can harm wildlife, as it directly relates to the management and protection of these species and their environments. The legal significance of this relationship is that it allows the Board to implement necessary measures to safeguard wildlife populations and their habitats under the expansive authority granted by the statute.

CROSS-REFERENCE § 29.1-570

EXCEPTION § 29.1-564

Provision 6

"5. "Person" means any individual, firm, corporation, association or partnership."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild animals and fish. This broad grant of authority allows the Board to define terms such as "person" in a way that is necessary for the effective implementation of its regulations, thereby justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create comprehensive regulations that can adapt to the complexities of wildlife management without needing to seek further specific legislative approval for foundational definitions.

CROSS-REFERENCE § 29.1-570

EXCEPTION § 29.1-564

Provision 7

"6. "Species" includes any subspecies of fish or wildlife and any distinct popul..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the inclusion of definitions and classifications, such as the term "species," which encompasses subspecies and distinct population segments, thereby supporting the need for clarity in regulation. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations that effectively manage and protect wildlife resources within the scope of the statutory framework.

CROSS-REFERENCE § 29.1-570

EXCEPTION § 29.1-564

Provision 8

"7. "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various activities concerning wild birds, wild animals, and inland water fish, including their hunting and capture. The regulation's definition of "take" encompasses a wide range of actions that align with the statutory language, thereby falling within the broad scope of authority provided by the statute. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations necessary for the effective management and conservation of wildlife, reflecting the intent of the statute to regulate these activities comprehensively.

CROSS-REFERENCE § 29.1-570

EXCEPTION § 29.1-564

Provision 9

"8. "Threatened species" means any species which is likely to become an endangere..."

General Delegation

AUTHORIZING STATUTE § 29.1-570

All departments, commissions, boards, authorities, agencies, offices and institutions within any branch of the state government shall cooperate with the Board in carrying out the purposes of this article.

ANALYSIS

§ 29.1-570 specifically states that all entities within the state government must cooperate with the Board to fulfill the purposes of the article, indicating a broad grant of authority for collaborative efforts. This broad language allows for GENERAL_DELEGATION because it empowers the Board to define terms and establish criteria, such as what constitutes a "threatened species," which is essential for implementing conservation measures. The legal significance of this authorization relationship is that it enables the Board to take necessary actions to protect species at risk, ensuring effective governance in environmental conservation without requiring further specific legislative approval.

CROSS-REFERENCE § 29.1-570

EXCEPTION § 29.1-564

Definitions and Miscellaneous: In General

4VAC15-20-151

Express

General

Overreach

Unauthorized

Requirements

A. It shall be unlawful to plant, manipulate, cut, mutilate, destroy, or remove vegetation or to remove other minerals, artifacts, or other property from department-owned lands.¹ B. Nothing in this section shall prohibit the gathering of mushrooms, picking of berries, or collection of other fruits.² C. The use of down and dead trees and branches as firewood while camping on a wildlife management area shall be allowed by individuals with a valid camping permit issued by the department.³ D. The department may issue permits for the collection of firewood under conditions and in locations determined by the department.⁴ E. Nothing in this section shall prohibit department employees, contractors, or permitees from engaging in agriculture, forestry, herbicide application, or other habitat restoration and manipulation for the purpose of enhancing wildlife habitat and populations.⁵

Provision-Level Authorization Analysis

Provision 1

"A. It shall be unlawful to plant, manipulate, cut, mutilate, destroy, or remove ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the unlawful actions on department-owned lands, as it is necessary for the protection and management of wildlife habitats, which indirectly supports the overall objectives of wildlife conservation and regulation. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to safeguard natural resources, ensuring that the management of these lands aligns with the broader goals of wildlife preservation and regulation.

Provision 2

"B. Nothing in this section shall prohibit the gathering of mushrooms, picking of..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of activities that may intersect with wildlife management, including the gathering of mushrooms and picking of berries, thereby justifying the regulation under GENERAL_DELEGATION as it falls within the scope of managing natural resources. The legal significance of this authorization relationship is that it empowers the Board to create regulations that ensure the sustainable use of wildlife and natural resources while allowing for activities that do not conflict with those management goals.

Provision 3

"C. The use of down and dead trees and branches as firewood while camping on a wi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and their habitats. This broad grant of authority encompasses the regulation concerning the use of down and dead trees as firewood while camping, as it pertains to the management and use of resources within wildlife management areas. The legal significance of this authorization relationship is that it allows the Board to implement regulations that ensure the sustainable use of wildlife resources and habitats, reflecting a comprehensive approach to wildlife conservation and management.

Provision 4

"D. The department may issue permits for the collection of firewood under conditi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the regulation of activities that may impact wildlife and their habitats, which can include the management of resources such as firewood collection, thereby justifying the GENERAL_DELEGATION for the regulation. The legal significance of this authorization relationship is that it empowers the department to create and enforce regulations that support wildlife conservation and resource management within the framework established by the statute.

Provision 5

"E. Nothing in this section shall prohibit department employees, contractors, or ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking, possession, and transportation of wild birds and animals. This broad grant of authority encompasses activities that support wildlife populations, such as habitat restoration and manipulation, thereby justifying the regulation's GENERAL_DELEGATION status. The legal significance of this relationship is that it allows for flexibility in implementing measures that enhance wildlife habitats, which aligns with the overarching goals of wildlife conservation as outlined in the statute.

Definitions and Miscellaneous: In General

4VAC15-20-152

Express

General

Overreach

Unauthorized

Requirements

Nothing in this regulation shall prohibit department employees in execution of their duties from training with department-issued firearms.¹

Provision-Level Authorization Analysis

Provision 1

"Nothing in this regulation shall prohibit department employees in execution of t..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows for the implementation of regulations that facilitate the operational needs of the department, such as enabling employees to train with department-issued firearms, which falls within the scope of executing their duties. The legal significance of this authorization relationship is that it empowers the agency to create regulations that support its functions and responsibilities without requiring further specific legislative approval for each operational detail.

DEFINITION § 18.2-308.2

Title 18.2. Crimes and Offenses Generally › Chapter 7. Crimes Involving Health and Safety › Article 7. Other Illegal Weapons › § 18.2-308.2. Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for resto...

Definitions and Miscellaneous: In General

4VAC15-20-155

Express

General

Overreach

Unauthorized

Requirements

A. Temporary dispersed camping, with no amenities provided, may only be performed on Wildlife Management Areas (WMAs) and other department-owned or managed lands when occupants are engaged in authorized activities and in strict compliance with established terms and conditions, including those listed in this section. Camping may be prohibited on certain portions or entire parcels of department-owned or managed lands, including certain WMAs.¹ B. Authorization. It shall be unlawful to camp without written authorization from the department. Written authorization to camp is required in addition to any and all other licenses, permits or authorizations that may otherwise be required. Written authorization is obtained by completing and submitting a Camping Authorization Form. Only an individual 18 years of age or older who is a member of and accepts responsibility for the camp and camping group may be issued a camping authorization.² C. Camping periods. Unless otherwise posted or authorized, it shall be unlawful to camp for more than 14 consecutive nights, or more than 14 nights in a 28-day period on department-owned or controlled lands. At the end of the authorized camping period, all personal property and any refuse must be removed.³ D. Prohibited locations. Camping is allowed only at previously cleared and established sites. No vegetation may be cut, damaged, or removed to establish a camp site. It shall be unlawful to camp within 300 feet of any department-owned lake, boat ramp or other facility. It shall be unlawful to camp at other specific locations as posted. This section shall not prohibit active angling at night along shorelines where permitted.⁴ E. Removal of personal property and refuse. Any person who establishes or occupies a camp shall be responsible for the complete removal of all personal property and refuse when the camping authorization has expired. Any personal property or refuse that remains after the camping authorization has expired shall be considered litter and punishable pursuant to § 33.2-802 of the Code of Virginia.⁵ F. It shall be unlawful when camping on department-owned or managed lands to store or leave unattended any food (including food for pets and livestock), refuse, bear attractant, or other wildlife attractant unless it is (i) in a bear-resistant container; (ii) in a trunk of a vehicle or in a closed, locked, hard-sided motor vehicle with a solid top; (iii) in a closed, locked, hard-body trailer; or (iv) suspended at least 10 feet clear of the ground at all points and at least four feet horizontally from the supporting tree or pole and any other tree or pole. It shall be unlawful to discard, bury, or abandon any food, refuse, bear attractant, or other wildlife attractant unless it is disposed of by placing it inside an animal-resistant trash receptacle provided by the department.⁶ G. Any violation of this section or other posted rules shall be punishable as a Class III misdemeanor, and the camping permit shall become null and void. The permittee shall be required to immediately vacate the property upon summons or notification. A second or subsequent offense may result in the loss of camping privileges on department-owned or managed properties.⁷

Provision-Level Authorization Analysis

Provision 1

"A. Temporary dispersed camping, with no amenities provided, may only be performe..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various activities involving wild birds, wild animals, and inland water fish, indicating a broad scope of regulatory power. This broad grant of authority encompasses the regulation concerning temporary dispersed camping on Wildlife Management Areas, as it relates to the management and use of department-owned lands in connection with authorized activities. The legal significance of this authorization relationship is that it allows the Board to establish necessary regulations to ensure the proper management and conservation of wildlife and their habitats, thereby supporting the overall objectives of the statute.

DEFINITION § 33.2-802

Title 33.2. Highways and Other Surface Transportation Systems › Subtitle II. Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation › Chapter 8. Offenses Concerning Highways › § 33.2-802. Dumping trash; penalty A. It is unlawful for any person to dump or otherwise dispo...

Provision 2

"B. Authorization. It shall be unlawful to camp without written authorization fro..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various activities concerning wild birds, wild animals, and inland water fish, indicating a broad scope of regulatory power. This broad grant of authority allows the Board to establish regulations that encompass not only the direct management of wildlife but also the associated activities, such as camping, which can impact these resources. The legal significance of this authorization relationship is that it enables the Board to implement necessary regulations to ensure the conservation and management of wildlife and their habitats, thereby supporting the overall objectives of the statute.

DEFINITION § 33.2-802

Provision 3

"C. Camping periods. Unless otherwise posted or authorized, it shall be unlawful ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the management and use of wildlife and their habitats, which includes activities that may occur on department-owned or controlled lands. This broad authority encompasses regulations that manage not only the hunting and taking of wildlife but also the use of land for activities such as camping, thereby justifying the application of GENERAL_DELEGATION for the regulation. The legal significance of this relationship is that it allows the Board to implement necessary regulations to ensure the sustainable use and conservation of wildlife and their habitats, reflecting the intent of the statute to provide comprehensive management of natural resources.

DEFINITION § 33.2-802

Provision 4

"D. Prohibited locations. Camping is allowed only at previously cleared and estab..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish regulations that ensure the protection and management of wildlife and their habitats, which encompasses the regulation's provisions regarding camping restrictions to prevent damage to these areas. The legal significance of this authorization relationship is that it empowers the Board to implement necessary measures for conservation and public safety, reflecting a comprehensive approach to managing natural resources.

DEFINITION § 33.2-802

Provision 5

"E. Removal of personal property and refuse. Any person who establishes or occupi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the establishment of regulations that ensure the management and conservation of wildlife and their habitats, which can encompass regulations regarding the responsibilities of individuals who occupy camps in these areas. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations that support the overarching goals of wildlife management and protection, thereby facilitating the effective enforcement of related environmental standards.

DEFINITION § 33.2-802

Provision 6

"F. It shall be unlawful when camping on department-owned or managed lands to sto..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the storage of food and attractants while camping, as it directly relates to the management and protection of wildlife by preventing human-wildlife interactions that could lead to harm or disruption of natural behaviors. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to safeguard wildlife and ensure compliance with conservation efforts, thereby supporting the overarching goals of wildlife management.

DEFINITION § 33.2-802

Provision 7

"G. Any violation of this section or other posted rules shall be punishable as a ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority allows the Board to establish rules that ensure the proper management and enforcement of wildlife regulations, which includes penalties for violations, thus resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create necessary regulations to maintain order and compliance in wildlife activities, ensuring effective governance and protection of natural resources.

DEFINITION § 33.2-802

Definitions and Miscellaneous: In General

4VAC15-20-160

Express

General

Overreach

Unauthorized

Requirements

A. The board hereby designates the following species as nuisance species pursuant to § 29.1-100 of the Code of Virginia.¹ 1. Mammals. a. House mouse (Mus musculus); b. Norway rat (Rattus norvegicus); c. Black rat (Rattus rattus); d. Coyote (Canis latrans); e. Feral hog (Sus scrofa; any swine that are wild or for which no proof of ownership can be made); f. Nutria (Myocastor coypus); and g. Woodchuck (Marmota monax).² 2. Birds. a. European starling (Sturnus vulgaris); b. English (house) sparrow (Passer domesticus); and c. Pigeon (Rock Dove) (Columba livia). d. Other nonnative species as defined in the Migratory Bird Treaty Reform Act of 2004 and regulated under 50 CFR 10.13.³ B. It shall be unlawful to take, possess, transport, or sell all other wildlife species not classified as game, furbearer or nuisance, or otherwise specifically permitted by law or regulation.⁴

Provision-Level Authorization Analysis

Provision 1

"A. The board hereby designates the following species as nuisance species pursuan..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild species. This broad grant of authority allows the Board to designate certain species as nuisance species, as it falls within the scope of managing wildlife populations and ensuring ecological balance. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without needing further legislative approval, thereby facilitating timely and effective wildlife management.

DEFINITION § 29.1-100

Provision 2

"1. Mammals. a. House mouse (Mus musculus); b. Norway rat (Rattus norvegicus); c...."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation includes specific mammals such as house mice, Norway rats, and feral hogs, which may not fall under the traditional definitions of "wild" animals as implied by the statute, potentially exceeding the Board's authority. The legal significance of this relationship is that if the regulation encompasses species not explicitly covered by the statute, it may be deemed invalid or subject to challenge for overstepping the bounds of the Board's regulatory power.

DEFINITION § 29.1-100

Provision 3

"2. Birds. a. European starling (Sturnus vulgaris); b. English (house) sparrow (P..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation of specific nonnative bird species, as it falls within the scope of managing wildlife and aligns with the statutory intent to regulate various aspects of wildlife interaction. The legal significance of this authorization relationship is that it allows the Board to implement regulations that effectively manage and protect wildlife populations while ensuring compliance with broader environmental laws.

DEFINITION § 29.1-100

Provision 4

"B. It shall be unlawful to take, possess, transport, or sell all other wildlife ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's prohibition on taking, possessing, transporting, or selling wildlife species not classified as game, furbearer, or nuisance, thereby allowing the Board to regulate all aspects of wildlife management under its jurisdiction. The legal significance of this authorization relationship is that it empowers the Board to implement comprehensive regulations to protect wildlife, ensuring that all species are managed in accordance with the statutory framework.

DEFINITION § 29.1-100

Definitions and Miscellaneous: In General

4VAC15-20-180

Express

General

Overreach

Unauthorized

Requirements

A. Earthworms. Earthworms may be taken at any time for private or commercial use.¹ B. Other invertebrates. Except as otherwise provided for in §§ 3.1-1020 through 3.1-1030 and 29.1-418 of the Code of Virginia and in 4VAC15-20-130 , 4VAC15-30-10 et seq. and 4VAC15-360-10 invertebrates, other than those listed in endangered or threatened, may be taken for private use.²

Provision-Level Authorization Analysis

Provision 1

"A. Earthworms. Earthworms may be taken at any time for private or commercial use..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the taking and possession of wild animals and fish. This broad language encompasses various forms of wildlife, including earthworms, which are considered a type of wild animal under the regulation, thus justifying the use of GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to create flexible regulations that adapt to the management of wildlife resources without requiring specific legislative approval for each individual regulation.

ADDITIONAL AUTHORITY § 29.1-418

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 4. Permits Required › Article 3. Special Permits › § 29.1-418. Collecting specimens The fee for a permit to collect specimens of fish, wild birds, wild animals and amphibians, in limited quantity, for scientific or museum purposes shall be...

CROSS-REFERENCE § 3.1-1020

Provision 2

"B. Other invertebrates. Except as otherwise provided for in §§ 3.1-1020 through ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to regulate not only the specified categories but also to include other wildlife, such as invertebrates, under its purview, resulting in GENERAL_DELEGATION for the regulation concerning the taking of invertebrates for private use. The legal significance of this authorization relationship is that it empowers the Board to manage and regulate wildlife resources comprehensively, ensuring that all aspects of wildlife conservation and utilization are addressed within the framework established by the statute.

ADDITIONAL AUTHORITY § 29.1-418

CROSS-REFERENCE § 3.1-1020

Definitions and Miscellaneous: In General

4VAC15-20-190

Express

General

Overreach

Unauthorized

Requirements

Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"Code of Virginia."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning various aspects of wildlife management, including hunting, taking, and possession of wild birds and animals. This broad language allows the Board to create regulations that address a wide range of activities related to wildlife, resulting in GENERAL_DELEGATION as it encompasses the necessary regulatory framework for managing these activities effectively. The legal significance of this authorization relationship is that it empowers the Board to implement comprehensive regulations without needing further specific legislative approval, ensuring timely and adaptive management of wildlife resources.

Definitions and Miscellaneous: In General

4VAC15-20-200

Express

General

Overreach

Unauthorized

Requirements

A. Pursuant to §§ 29.1-417 , 29.1-418 , 29.1-422 , and other applicable provisions of the Code of Virginia, except as provided by this chapter the following annual fees shall be paid by applicants for the specified permits before any such permit may be issued. Permit Type Cost Late Fee Boat Ramp Special Use Nonprofit Public Use Private/Commercial Use Collect and Sell $50 Commercial Nuisance Animals $25 Exhibitors Commercial Use $50 $25 Educational/Scientific Use $20 $10 Exotic Importation and Holding $10 Field Trial $25 Foxhound Training Preserves $50 Hold for Commercial Use $10 Propagation $12.50 Rehabilitation $10 $10 Scientific Collection $20 Special Hunting Permit $10 Striped Bass Tournament $10 Threatened & Endangered Species $20 Trout Catch-Out Pond $50¹ B. Veterinarians shall not be required to pay a permit fee or to obtain a permit to hold wildlife temporarily for medical treatment.²

Provision-Level Authorization Analysis

Provision 1

"A. Pursuant to §§ 29.1-417 , 29.1-418 , 29.1-422 , and other applicable provisio..."

General Delegation

AUTHORIZING STATUTE § 29.1-417

The fee for a permit to capture, hold, propagate, and dispose of wildlife for purposes authorized by the Board shall be an amount sufficient to defray the costs of processing the permit and administering the permitted activity The Board shall establish a permit to authorize the permittee to artificially raise trout, catfish, or largemouth bass and other members of the sunfish family for sale from a privately owned facility The Board shall establish standards for the possession and display of wildlife by elementary or secondary school teachers for educational purposes

ANALYSIS

§ 29.1-417 specifically grants the Board the authority to establish fees for permits related to the capture, holding, propagation, and disposal of wildlife, as well as to set standards for educational purposes involving wildlife. This broad grant of authority allows the Board to implement regulations that detail the fees associated with various permits, including those for artificial raising of specific fish species, thereby justifying a GENERAL_DELEGATION for the regulation. The legal significance of this relationship is that it enables the Board to effectively manage and administer wildlife-related activities while ensuring compliance with the established fee structure and standards.

CROSS-REFERENCE § 29.1-417

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 4. Permits Required › Article 3. Special Permits › § 29.1-417. Capturing, holding, propagating, and disposing of wildlife for authorized purposes A. The fee for a permit to capture, hold, propagate, and dispose of wildlife for purposes aut...

Provision 2

"B. Veterinarians shall not be required to pay a permit fee or to obtain a permit..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation stating that veterinarians shall not be required to pay a permit fee or obtain a permit to hold wildlife temporarily for medical treatment appears to exceed the statutory authorization because it introduces an exemption for veterinarians that is not explicitly mentioned in the statute, which focuses on broader regulatory aspects of wildlife management. The legal significance of this relationship is that the regulation may impose conditions or exemptions that the statute does not explicitly authorize, potentially undermining the legislative intent and scope defined by the statute.

CROSS-REFERENCE § 29.1-417

Definitions and Miscellaneous: In General

4VAC15-20-210

Express

General

Overreach

Unauthorized

Requirements

A. In addition to the species already listed in § 29.1-571 of the Code of Virginia, the board hereby designates the following species as nonindigenous aquatic nuisance species pursuant to § 29.1-100 of the Code of Virginia.¹ 1. Fish. a. Black carp (Mylopharyngodon piceus)² 2. Invertebrates. a. New Zealand mudsnail (Potamopyrgus antipodarum) b. Rusty crayfish (Orconectes rusticus) c. Chinese mitten crab (Eriocheir sinensis) d. Marbled crayfish (Marmorkrebs – genus Procambarus)³ B. It shall be unlawful to take, possess, transport, import, sell, or offer for sale within the Commonwealth any nonindigenous aquatic nuisance species except as authorized by law or regulation.⁴

Provision-Level Authorization Analysis

Provision 1

"A. In addition to the species already listed in § 29.1-571 of the Code of Virgin..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to address various aspects of wildlife management, including the designation of nonindigenous aquatic nuisance species, as it falls within the scope of managing and regulating wildlife and their habitats. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations to protect native ecosystems and manage species that may pose a threat, thereby ensuring effective wildlife conservation and management.

DEFINITION § 29.1-100

DEFINITION § 29.1-571

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 7. Nonindigenous Aquatic Nuisance Species Act › § 29.1-571. Definition "Nonindigenous aquatic nuisance species" means a nonindigenous aquatic freshwater animal species whose presence in state waters pose...

Provision 2

"1. Fish. a. Black carp (Mylopharyngodon piceus)"

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities concerning wildlife management, allowing the Board to regulate specific species, such as black carp, under the general authority provided by the statute. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations that are necessary for effective wildlife conservation and management, ensuring compliance with the overarching statutory framework.

DEFINITION § 29.1-100

DEFINITION § 29.1-571

Provision 3

"2. Invertebrates. a. New Zealand mudsnail (Potamopyrgus antipodarum) b. Rusty cr..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. The inclusion of invertebrates such as the New Zealand mudsnail and rusty crayfish in the regulation extends beyond the scope of the statute, which does not explicitly mention invertebrates or provide authority for their regulation. The legal significance of this relationship is that the regulation may exceed the Board's statutory authority, potentially leading to challenges regarding its validity and enforceability.

DEFINITION § 29.1-100

DEFINITION § 29.1-571

Provision 4

"B. It shall be unlawful to take, possess, transport, import, sell, or offer for ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning nonindigenous aquatic nuisance species, as it falls within the scope of possession and transportation of wildlife, thereby justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to implement necessary measures to manage and protect the ecosystem from harmful species, ensuring compliance with the overarching statutory framework.

DEFINITION § 29.1-100

DEFINITION § 29.1-571

Definitions and Miscellaneous: In General

4VAC15-20-220

Express

General

Overreach

Unauthorized

Requirements

A. Whenever a disease threatens wildlife in the Commonwealth, the director is authorized to undertake measures to prevent, control or eradicate the spread of such disease including, but not limited to, the delineation of wildlife disease management, surveillance, and quarantine areas, the reduction of selected wildlife populations, the restriction in the movement of wildlife or parts thereof, the prohibition of feeding of wildlife or use of animal-based products such as attractants, the prohibition of rehabilitation and release of selected wildlife species and the manipulation or modification of environmental conditions. Further, the director is authorized to require mandatory checking and disease testing of selected wildlife species and to modify or establish hunting and trapping seasons and bag limits, as necessary, to prevent, control or eradicate the spread of disease in wildlife.¹ B. Whenever a disease in wildlife or the planned disease response has implications for human, domestic or agricultural animal health in the Commonwealth, the director, in consultation with the state and/or public health veterinarian as appropriate, is authorized to undertake measures as described in subsection A to prevent, control or eradicate the spread of such disease in wildlife.² C. Whenever a disease is confirmed in wildlife held in captivity that threatens wildlife, human, domestic or agricultural animal health, the director, in consultation with the state and/or public health veterinarian as appropriate, is authorized to quarantine or dispose of such animals, including measures such as population reduction, depopulation and exportation, modification and decontamination of the captive facility as necessary, and revocation of permits or modification of permit conditions, as to prevent further disease transmission. The department may indemnify the owner or owners, at fair-market value, for privately owned wildlife removed. The department may seek reimbursement of costs for depopulation, modification to, or decontamination of the facility from the landowner and/or owner or owners of the facility.³ D. It shall be unlawful for any person to willfully impede the department or its designee in its execution of the aforementioned measures to prevent, control, or eradicate disease in wildlife.⁴

Provision-Level Authorization Analysis

Provision 1

"A. Whenever a disease threatens wildlife in the Commonwealth, the director is au..."

General Delegation

AUTHORIZING STATUTE § 29.1-103.1

the Board ... may promulgate regulations pertaining to diseases in wildlife populations

ANALYSIS

§ 29.1-103.1 specifically grants the Board the authority to promulgate regulations related to diseases in wildlife populations. This broad grant of authority allows the director to implement necessary measures for disease management, which aligns with the statute's intent to address wildlife health comprehensively, resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the director to take timely and effective action in response to wildlife disease threats, ensuring the protection of public and ecological health.

Provision 2

"B. Whenever a disease in wildlife or the planned disease response has implicatio..."

General Delegation

AUTHORIZING STATUTE § 29.1-103.1

may promulgate regulations pertaining to diseases in wildlife populations

ANALYSIS

§ 29.1-103.1 specifically grants the agency the authority to "promulgate regulations pertaining to diseases in wildlife populations." This broad language allows the agency to address not only the diseases themselves but also the implications these diseases may have on human and animal health, thereby justifying the need for GENERAL_DELEGATION in the regulation. The legal significance of this relationship is that it empowers the agency to take necessary actions in a timely manner to protect public health and safety, reflecting the comprehensive nature of the statutory authority.

Provision 3

"C. Whenever a disease is confirmed in wildlife held in captivity that threatens ..."

General Delegation

AUTHORIZING STATUTE § 29.1-103.1

the Board, in consultation with the Virginia Department of Agriculture and Consumer Services, the State Veterinarian, and representatives of appropriate agriculture agencies and organizations, may promulgate regulations pertaining to diseases in wildlife populations

ANALYSIS

§ 29.1-103.1 specifically grants the Board the authority to promulgate regulations concerning diseases in wildlife populations, in consultation with various agricultural and veterinary representatives. This broad grant of authority allows for the regulation to be implemented under GENERAL_DELEGATION, as it encompasses the need for immediate action regarding the health threats posed by diseases in wildlife held in captivity, which aligns with the Board's mandate to protect wildlife and public health. The legal significance of this authorization relationship is that it empowers the director to take necessary actions, such as quarantine or disposal of affected animals, ensuring a swift response to potential health crises without requiring further specific legislative approval.

Provision 4

"D. It shall be unlawful for any person to willfully impede the department or its..."

General Delegation

AUTHORIZING STATUTE § 29.1-103.1

may promulgate regulations pertaining to diseases in wildlife populations

ANALYSIS

§ 29.1-103.1 specifically grants the agency the authority to "promulgate regulations pertaining to diseases in wildlife populations." This broad language allows the agency to establish necessary measures to prevent, control, or eradicate disease, which includes the regulation that makes it unlawful to willfully impede the department's efforts in executing these measures. The legal significance of this relationship is that it enables the agency to enforce compliance and protect wildlife populations effectively, reflecting a general delegation of authority to address public health concerns related to wildlife diseases.

Definitions and Miscellaneous: In General

4VAC15-20-230

Express

General

Overreach

Unauthorized

Requirements

The color of paint prescribed for posting land in accordance with § 18.2-134.1 of the Code of Virginia shall be aluminum or purple.¹

Provision-Level Authorization Analysis

Provision 1

"The color of paint prescribed for posting land in accordance with § 18.2-134.1 o..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the color of paint for posting land, as it relates to the management and protection of wildlife and their habitats, which falls under the Board's responsibilities. The legal significance of this authorization relationship is that it allows the Board to establish necessary regulations that support the overarching goals of wildlife conservation and management without requiring specific legislative approval for each individual regulation.

CROSS-REFERENCE § 18.2-134.1

Title 18.2. Crimes and Offenses Generally › Chapter 5. Crimes Against Property › Article 5. Trespass to Realty › § 18.2-134.1. Method of posting lands A. The owner or lessee of property described in § 18.2-134may post property by (i) placing signs prohibiting hunting, fishing or trapping where they ...

Definitions and Miscellaneous: In General

4VAC15-20-240

Express

General

Overreach

Unauthorized

Requirements

A. Except as authorized by the director or the director's designee, it shall by unlawful at any time for any person to use a drone or unmanned aircraft: 1. To hunt, take, or kill a wild animal or to drive or herd any wild animal for the purpose of hunting, trapping, or killing.¹ 2. To harass any wild animal. For the purposes of this section, "harass" means any action that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns, which include breeding, feeding, or sheltering.² 3. On department-owned lands, except that department employees and contractors or agents acting on behalf of the department may use drones or other unmanned aircraft when addressing human safety, law enforcement, management, or other needs approved by the department.³ 4. It shall be unlawful for any person to hunt or assist another to hunt on the same calendar day on a property after having used a drone or unmanned aircraft to locate or surveil any wild animal during any open season.⁴ B. No part of this section shall be construed to restrict the use of drones or other unmanned aircraft for wildlife management activities conducted or authorized by the department; by employees of the United States government or any of its agencies whose responsibility includes fisheries and wildlife management; or by county, city, or town animal control officers in the performance of their official duties.⁵

Provision-Level Authorization Analysis

Provision 1

"A. Except as authorized by the director or the director's designee, it shall by ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the use of drones for hunting activities, as it directly relates to the taking and killing of wild animals, thereby justifying the need for regulation in this area. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to manage wildlife resources effectively and ensure compliance with hunting regulations.

Provision 2

"2. To harass any wild animal. For the purposes of this section, "harass" means a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning harassment of wild animals, as it addresses actions that could disrupt the normal behavior patterns of wildlife, thereby impacting their taking and possession. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to protect wildlife, ensuring that regulations can adapt to various aspects of wildlife management without requiring specific legislative approval for each individual regulation.

Provision 3

"3. On department-owned lands, except that department employees and contractors o..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses various management and safety measures necessary for the effective regulation of wildlife, which includes the use of drones for addressing human safety and law enforcement on department-owned lands. The legal significance of this authorization relationship is that it allows the Board to implement necessary operational procedures that support the overarching goals of wildlife management and public safety without needing to seek further specific legislative approval.

Provision 4

"4. It shall be unlawful for any person to hunt or assist another to hunt on the ..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including conferring powers and duties upon the Director and revising fees for licenses. This broad grant of authority encompasses the regulation prohibiting the use of drones for hunting, as it falls within the Board's responsibility to ensure sound wildlife management and public health. The legal significance of this authorization relationship is that it allows the Board to implement regulations that address emerging issues in wildlife management, such as the use of technology in hunting practices, under the general delegation of authority provided by the statute.

Provision 5

"B. No part of this section shall be construed to restrict the use of drones or o..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various methods and tools used in wildlife management, including the use of drones or unmanned aircraft, thereby justifying the regulation's alignment with the general delegation of authority. The legal significance of this relationship is that it allows the Board to implement flexible and adaptive management practices in wildlife conservation efforts without needing to seek specific legislative approval for each method employed.

Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals

4VAC15-30-5

Express

General

Overreach

Unauthorized

Requirements

Pursuant to § 29.1-413 of the Code of Virginia and under authority granted to the board in subdivision 12 of § 29.1-103 of the Code of Virginia, the board hereby confers authority upon the director to set the permit schedule, establish permit conditions, delegate signature authority, establish protocols for responding to permit decision appeals, and render final permit decisions.¹ The director shall also have authority to establish a policy on the issuance of new permits to individuals whose previous permits or applications have been revoked or denied for infractions of wildlife laws, regulations, or conditions.²

Provision-Level Authorization Analysis

Provision 1

"Pursuant to § 29.1-413 of the Code of Virginia and under authority granted to th..."

General Delegation

AUTHORIZING STATUTE § 29.1-413

The issuance of all of the permits provided by this article shall be within the discretion of the Board, under regulations it may prescribe The Board is authorized to establish a starting and ending date for each type of permit issued under this article and the number of years for which each type of permit may be issued

ANALYSIS

§ 29.1-413 specifically grants the Board discretion to issue permits and the authority to establish regulations regarding the starting and ending dates for permits and their duration. This broad grant of authority allows the Board to delegate specific tasks, such as setting the permit schedule and establishing conditions, to the director, which is why the regulation is categorized under GENERAL_DELEGATION. The legal significance of this relationship is that it enables efficient administration of permit issuance while maintaining the Board's overarching authority and oversight.

CROSS-REFERENCE § 29.1-413

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 4. Permits Required › Article 3. Special Permits › § 29.1-413. Issuance discretionary, duration The issuance of all of the permits provided by this article shall be within the discretion of the Board, under regulations it may prescribe, an...

Provision 2

"The director shall also have authority to establish a policy on the issuance of ..."

General Delegation

AUTHORIZING STATUTE § 29.1-413

ANALYSIS

§ 29.1-413 specifically grants the Board the discretion to issue permits and establish regulations related to their issuance, including setting timeframes and conditions. This broad grant of authority allows for GENERAL_DELEGATION because it empowers the Board to delegate specific responsibilities, such as the establishment of policies regarding permit issuance, to the director, ensuring that the regulation aligns with the overarching statutory framework. The legal significance of this authorization relationship is that it enables the director to implement detailed policies within the scope of the Board's discretion, facilitating effective management of wildlife permits while adhering to the statutory intent.

CROSS-REFERENCE § 29.1-413

Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals

4VAC15-30-7

Express

General

Overreach

Unauthorized

Requirements

Provided that the issuance of a permit renewal by the department has been delayed past the expiration date of the permittee's previous permit at no fault of the applicant, the permittee may continue the specific activities authorized by the expired permit until the department has acted on such person's application for renewal.¹ To qualify for this allowance, applicants must submit a completed renewal application to the department at least 30 days prior to the expiration date of their permit.² The department may deny renewal of a permit to any applicant who fails to meet the issuance criteria set forth by the department.³

Provision-Level Authorization Analysis

Provision 1

"Provided that the issuance of a permit renewal by the department has been delaye..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation, as it addresses the continuity of activities permitted under expired permits, which is essential for managing the regulated activities without interruption while the department processes permit renewals. The legal significance of this authorization relationship is that it allows the Board to ensure that regulatory processes do not hinder lawful activities, thereby promoting effective wildlife management and compliance with statutory requirements.

Provision 2

"To qualify for this allowance, applicants must submit a completed renewal applic..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the capture, possession, and transportation of wild animals. This broad grant of authority encompasses the regulation requiring applicants to submit a renewal application prior to the expiration of their permit, as it pertains to the management and oversight of permits associated with the taking and possession of wildlife. The legal significance of this authorization relationship is that it allows the Board to implement necessary procedural requirements to ensure compliance with wildlife regulations, thereby promoting effective management and conservation efforts.

Provision 3

"The department may deny renewal of a permit to any applicant who fails to meet t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation that allows the department to deny renewal of a permit based on the failure to meet issuance criteria, as it falls within the realm of managing the possession and regulation of wildlife-related permits. The legal significance of this authorization relationship is that it enables the department to enforce compliance with established criteria, ensuring the effective management and conservation of wildlife resources under the Board's overarching regulatory framework.

Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals

4VAC15-30-10

Express

General

Overreach

Unauthorized

Requirements

Under the authority of §§ 29.1-103 and 29.1-521 of the Code of Virginia it shall be unlawful to take, possess, conduct research, import, cause to be imported, export, cause to be exported, buy, sell, offer for sale, or liberate within the Commonwealth any wild animal unless otherwise specifically permitted by law or regulation.¹ Unless otherwise stated, for the purposes of identifying species regulated by the board, when both the scientific and common names are listed, the scientific reference to genus and species will take precedence over common names.²

Provision-Level Authorization Analysis

Provision 1

"Under the authority of §§ 29.1-103 and 29.1-521 of the Code of Virginia it shall..."

General Delegation

AUTHORIZING STATUTE § 29.1-521

The Department may authorize the use of snake exclusion devices by public utilities at their transmission or distribution facilities and the incidental taking of snakes resulting from the use of such devices.

ANALYSIS

§ 29.1-521 specifically grants the Department the authority to authorize the use of snake exclusion devices by public utilities and allows for the incidental taking of snakes resulting from their use. This broad grant of authority encompasses the regulation, as it establishes a framework for managing wildlife interactions and ensures that the Department can set forth comprehensive rules regarding the handling of wild animals, including prohibitions on taking and possessing them. The legal significance of this authorization relationship is that it empowers the Department to regulate wildlife management practices while maintaining flexibility to address various scenarios involving wild animals within the Commonwealth.

DEFINITION § 29.1-521

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 2. Hunting and Trapping › § 29.1-521. Unlawful to hunt, trap, possess, sell, or transport wild birds and wild animals except as permitted; exception; penalty A. The following is unlawful: 1. To hunt or k...

Provision 2

"Unless otherwise stated, for the purposes of identifying species regulated by th..."

General Delegation

AUTHORIZING STATUTE § 29.1-521

ANALYSIS

§ 29.1-521 specifically grants the Department the authority to authorize the use of snake exclusion devices by public utilities and allows for the incidental taking of snakes resulting from their use. This broad grant of authority encompasses the regulation, as it establishes guidelines for identifying species, which is essential for implementing the use of snake exclusion devices and managing the incidental taking of snakes. The legal significance of this authorization relationship is that it allows the Department to exercise discretion in regulating species identification, thereby facilitating the effective implementation of the statutory provisions related to snake management.

DEFINITION § 29.1-521

Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals

4VAC15-30-20

Express

General

Overreach

Unauthorized

Requirements

Permit required to import, liberate or possess predatory or undesirable animals or birds.¹ Under the authority of § 29.1-542 of the Code of Virginia, live wolves or coyotes, or birds or animals otherwise classed as predatory or undesirable, may not be imported into the Commonwealth or liberated therein, or possessed therein, except under a special permit of the board.² Before such permit is issued, the importer shall make application to the department, giving the place of origin, the name and address of the exporter and a certificate from a licensed and accredited practicing veterinarian, or certified fish pathologist, certifying that the animal to be imported is not manifesting any signs of infectious, contagious, or communicable disease.³

Provision-Level Authorization Analysis

Provision 1

"Permit required to import, liberate or possess predatory or undesirable animals ..."

General Delegation

AUTHORIZING STATUTE § 29.1-542

except under a special permit of the Board Nonpredatory birds, animals or fish may be imported, but upon arrival in the Commonwealth, shall be subject to the laws governing the possession of such birds, animals and fish in Virginia Any person may bring into the Commonwealth, ... game and fish legally taken in another state or foreign country

ANALYSIS

§ 29.1-542 specifically grants the Board the authority to regulate the importation of nonpredatory birds, animals, or fish, while also allowing for the importation of game and fish legally taken elsewhere, subject to state laws. This broad grant of authority encompasses the regulation requiring a permit for the importation, liberation, or possession of predatory or undesirable animals or birds, as it falls within the Board's jurisdiction to manage wildlife and ensure compliance with state laws. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to protect Virginia's wildlife and ecosystem, reflecting the state's interest in managing both nonpredatory and predatory species effectively.

EXCEPTION § 29.1-542

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 4. Possession, Transportation, and Sale of Game and Fish › § 29.1-542. Importation Live wolves or coyotes, or birds and animals otherwise classed as predatory or undesirable, may not be imported into the...

Provision 2

"Under the authority of § 29.1-542 of the Code of Virginia, live wolves or coyote..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation regarding the importation and possession of live wolves, coyotes, and other predatory or undesirable animals appears to exceed the Board's authority as it addresses the importation and liberation of species not explicitly mentioned in the statute, which focuses on activities related to hunting and possession rather than importation controls. The legal significance of this relationship is that the regulation may impose restrictions beyond what the statute explicitly authorizes, potentially infringing on rights or activities not intended to be regulated by the statute.

EXCEPTION § 29.1-542

Provision 3

"Before such permit is issued, the importer shall make application to the departm..."

General Delegation

AUTHORIZING STATUTE § 29.1-542

but in no greater quantity than he could legally possess while in such other state or foreign country may be imported, but upon arrival in the Commonwealth, shall be subject to the laws governing the possession of such birds, animals and fish in Virginia may not be imported into the Commonwealth or liberated therein, or possessed therein, except under a special permit of the Board

ANALYSIS

§ 29.1-542 grants the agency the authority to regulate the importation and possession of birds, animals, and fish in Virginia, specifically allowing for the issuance of special permits by the Board. This broad grant of authority encompasses the regulation requiring an application process that includes details such as the place of origin and a veterinarian's certification, as it directly relates to the conditions under which the Board may issue permits. The legal significance of this authorization relationship is that it allows the agency to establish necessary procedures to ensure compliance with the statutory requirements while maintaining the integrity of wildlife management in the Commonwealth.

EXCEPTION § 29.1-542

Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals

4VAC15-30-30

Express

General

Overreach

Unauthorized

Requirements

Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"Code of Virginia."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows for a wide range of regulatory actions, which encompasses the regulation's requirements and ensures that the Board can effectively manage wildlife resources and related activities under its jurisdiction. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without needing specific legislative approval for each individual regulation, thereby facilitating efficient governance of wildlife management.

Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals

4VAC15-30-40

Express

General

Overreach

Unauthorized

Requirements

A. Permit required. A special permit is required and may be issued by the department, if consistent with the department's fish and wildlife management program, to import, possess, or sell those nonnative (exotic) animals listed in the following table and in 4VAC15-20-210 that the board finds and declares to be predatory or undesirable within the meaning and intent of § 29.1-542 of the Code of Virginia, in that their introduction into the Commonwealth will be detrimental to the native fish and wildlife resources of Virginia. AMPHIBIANS Order Family Genus/Species Common Name Anura Bufonidae Rhinella marina Cane toad* Pipidae Hymenochirus spp. Pseudohymenochiris merlini African dwarf frog Xenopus spp. Tongueless or African clawed frog Caudata Ambystomatidae All species, except Ambystoma mexicanum All mole salamanders, except Mexican axolotl BIRDS Order Family Genus/Species Common Name Psittaciformes Psittacidae Myiopsitta monachus Monk parakeet* Anseriformes Anatidae Cygnus olor Mute swan FISH Order Family Genus/Species Common Name Cypriniformes Catostomidae Catostomus microps Modoc sucker Catostomus santaanae Santa Ana sucker Catostomus warnerensis Warner sucker Ictiobus bubalus Smallmouth* buffalo¹ I. cyprinellus Bigmouth* buffalo I. niger Black buffalo* Characidae Pygopristis spp. Pygocentrus spp. Rooseveltiella spp. Serrasalmo spp. Serrasalmus spp. Taddyella spp. Piranhas Cobitidae Misgurnus anguillicaudatus Oriental weatherfish Cyprinidae Aristichyhys nobilis Bighead carp* Chrosomus saylori Laurel dace Ctenopharyngodon idella Grass carp or white amur Cyprinella caerulea Blue shiner Cyprinella formosa Beautiful shiner Cyprinella lutrensis Red shiner Hypophthalmichthys molitrix Silver carp* Mylopharyngodom piceus Black carp* Notropis albizonatus Palezone shiner Notropis cahabae Cahaba shiner Notropis girardi Arkansas River shiner Notropis mekistocholas Cape Fear shiner Notropis simus pecosensis Pecos bluntnose shiner Notropis topeka (= tristis) Topeka shiner Phoxinus cumberlandensis Blackside dace Rhinichthys osculus lethoporus Independence Valley speckled dace Rhinichthys osculus nevadensis Ash Meadows speckled dace Rhinichthys osculus oligoporus Clover Valley speckled dace Rhinichthys osculus ssp. Foskett speckled dace Rhinichthys osculus thermalis Kendall Warm Springs dace Scardinius erythrophthalmus Rudd Tinca tinca Tench* Cyprinodontiformes Poeciliidae Gambusia gaigei Big Bend gambusia Gambusia georgei San Marcos gambusia Gambusia heterochir Clear Creek gambusia Gambusia nobilis Pecos gambusia Peociliopsis occidentalis Gila topminnow Gasterosteiformes Gasterosteidae Gasterosteus aculeatus williamsoni Unarmored threespine stickleback Gobiesociformes Gobiidae Proterorhinus marmoratus Tubenose goby Neogobius melanostomus Round goby Perciformes Centrarchidae Micropterus henshalli Alabama bass Channidae Channa spp. Parachanna spp. Snakeheads Cichlidae Tilapia spp. Tilapia Gymnocephalus cernuum Ruffe* Elassomatidae Elassoma alabamae Spring pygmy sunfish Percidae Crystallaria cincotta Diamond darter Etheostoma chermocki Vermilion darter Etheostoma boschungi Slackwater darter Etheostoma chienense Relict darter Etheostoma etowahae Etowah darter Etheostoma fonticola Fountain darter Etheostoma moorei Yellowcheek darter Etheostoma nianguae Niangua darter Etheostoma nuchale Watercress darter Etheostoma okaloosae Okaloosa darter Etheostoma phytophilum Rush darter Etheostoma rubrum Bayou darter Etheostoma scotti Cherokee darter Etheostoma sp. Bluemask (= jewel) darter Etheostoma susanae Cumberland darter Etheostoma wapiti Boulder darter Percina antesella Amber darter Percina aurolineata Goldline darter Percina jenkinsi Conasauga logperch Percina pantherina Leopard darter Percina tanasi Snail darter Scorpaeniformes Cottidae Cottus sp. Grotto sculpin Cottus paulus (= pygmaeus) Pygmy sculpin Siluriformes Clariidae All species Air-breathing catfish Ictaluridae Noturus baileyi Smoky madtom Noturus crypticus Chucky madtom Noturus placidus Neosho madtom Noturus stanauli Pygmy madtom Noturus trautmani Scioto madtom Synbranchiformes Synbranchidae Monopterus albus Swamp eel MAMMALS Order Family Genus/Species Common Name Artiodactyla Suidae All Species Pigs or Hogs* Cervidae All Species Deer* Carnivora Canidae All Species Wild Dogs,* Wolves, Coyotes or Coyote hybrids, Jackals and Foxes Ursidae All Species Bears* Procyonidae All Species Raccoons and* Relatives Mustelidae All Species Weasels, Badgers,* Skunks and Otters (except Mustela putorius furo) Ferret Viverridae All Species Civets, Genets,* Lingsangs, Mongooses, and Fossas Herpestidae All Species Mongooses* Hyaenidae All Species Hyenas and Aardwolves* Felidae All Species Cats* Chiroptera All Species Bats* Lagomorpha Lepridae Brachylagus idahoensis Pygmy rabbit Lepus europeaeous European hare Oryctolagus cuniculus European rabbit Sylvilagus bachmani riparius Riparian brush rabbit Sylvilagus palustris hefneri Lower Keys marsh rabbit Rodentia All species native to Africa All species native to Africa Dipodidae Zapus hudsonius preblei Preble's meadow jumping mouse Muridae Microtus californicus scirpensis Amargosa vole Microtus mexicanus hualpaiensis Hualapai Mexican vole Microtus pennsylvanicus dukecampbelli Florida salt marsh vole Neotoma floridana smalli Key Largo woodrat Neotoma fuscipes riparia Riparian (= San Joaquin Valley) woodrat Oryzomys palustris natator Rice rat Peromyscus gossypinus allapaticola Key Largo cotton mouse Peromyscus polionotus allophrys Choctawhatchee beach mouse Peromyscus polionotus ammobates Alabama beach mouse Peromyscus polionotus niveiventris Southeastern beach mouse Peromyscus polionotus peninsularis St. Andrew beach mouse Peromyscus polionotus phasma Anastasia Island beach mouse Peromyscus polionotus trissyllepsis Perdido Key beach mouse Reithrodontomys raviventris Salt marsh harvest mouse Heteromyidae Dipodomys heermanni morroensis Morro Bay kangaroo rat Dipodomys ingens Giant kangaroo rat Dipodomys merriami parvus San Bernadino Merriam's kangaroo rat Dipodomys nitratoides exilis Fresno kangaroo rat Dipodomys nitratoides nitratoides Tipton kangaroo rat Dipodomys stephensi (including D. cascus) Stephens' kangaroo rat Perognathus longimembris pacificus Pacific pocket mouse Sciuridae Cynomys spp. Prairie dogs Spermophilus brunneus brunneus Northern Idaho ground squirrel Tamiasciurus hudsonicus grahamensis Mount Graham red squirrel Soricomorpha Soricidae Sorex ornatus relictus Buena Vista Lake ornate shrew MOLLUSKS Order Family Genus/Species Common Name Neotaenioglossa Hydrobiidae Potamopyrgus antipodarum New Zealand mudsnail Veneroida Dreissenidae Dreissena bugensis Quagga mussel Dreissena bugensis Quagga mussel REPTILES Order Family Genus/Species Common Name Crocodilia Alligatoridae All species Alligators, caimans* Crocodylidae All species Crocodiles* Gavialidae All species Gavials* Squamata Colubridae Boiga irregularis Brown tree snake* CRUSTACEANS Order Family Genus/Species Common Name Decapoda Cambaridae Cambarus aculabrum Cave crayfish Cambarus zophonastes Cave crayfish Orconectes rusticus Rusty crayfish Orconectes shoupi Nashville crayfish Pacifastacus fortis Shasta crayfish Procambarus sp. Marbled crayfish Parastacidae Cherax spp. Australian crayfish Varunidea Eriocheir sinensis Chinese mitten crab² B. Temporary possession permit for certain animals. Notwithstanding the permitting requirements of subsection A of this section, a person, company, or corporation possessing any nonnative (exotic) animal, designated with an asterisk (*) in subsection A of this section, prior to July 1, 1992, must declare such possession in writing to the department by January 1, 1993. This written declaration shall serve as a permit for possession only, is not transferable, and must be renewed every five years. This written declaration must include species name, common name, number of individuals, date or dates acquired, sex (if possible), estimated age, height or length, and other characteristics such as bands and band numbers, tattoos, registration numbers, coloration, and specific markings. Possession transfer will require a new permit according to the requirements of this subsection.³ C. Exception for certain monk parakeets. A permit is not required for monk parakeets (quakers) that have been captive bred and are closed-banded with a seamless band.⁴ D. Exception for parts or products. A permit is not required for parts or products of those nonnative (exotic) animals listed in subsection A of this section that may be used for personal use, in the manufacture of products, or used in scientific research, provided that such parts or products be packaged outside the Commonwealth by any person, company, or corporation duly licensed by the state in which the parts originate. Such packages may be transported into the Commonwealth, consistent with other state laws and regulations, so long as the original package remains unbroken, unopened and intact until its point of destination is reached. Documentation concerning the type and cost of the animal parts ordered, the purpose and date of the order, point and date of shipping, and date of receiving shall be kept by the person, business, or institution ordering such nonnative (exotic) animal parts. Such documentation shall be open to inspection by a representative of the Department of Wildlife Resources.⁵ E. Exception for prairie dogs. The effective date of listing of prairie dogs under subsection A of this section shall be January 1, 1998. Prairie dogs possessed in captivity in Virginia on December 31, 1997, may be maintained in captivity until the animals' deaths, but they may not be sold on or after January 1, 1998, without a permit.⁶ F. Exception for snakehead fish. Anglers may legally harvest snakehead fish of the family Channidae, provided that they immediately kill such fish and that they notify the department, as soon as practicable, of such actions.⁷ G. Exception for feral hogs. Anyone may legally trap feral hogs with written permission of the landowner, provided that any trapped hogs are not removed from the trap site alive and are killed immediately.⁸ H. Exception for grass carp. Anglers may legally harvest grass carp of the family Cyprinidae only from public waters of the Commonwealth. It is unlawful to harvest grass carp from any public inland lake or reservoir. Anglers taking grass carp must ensure that harvested grass carp are dead.⁹ I. Exception for Alabama bass. Anglers may possess live Alabama bass of the family Centrarchidae only on the body of water from which the fish were captured, provided that the angler does not live transport these fish outside of the body of water from which the fish were captured. Anglers may only release live Alabama bass back into the body of water from which the fish were captured. Anglers may legally harvest Alabama bass provided that the anglers ensure all harvested Alabama bass are dead.¹⁰ J. All other nonnative (exotic) animals. All other nonnative (exotic) animals not listed in subsection A of this section may be possessed, purchased, and sold; provided, that such animals shall be subject to all applicable local, state, and federal laws and regulations, including those that apply to threatened/endangered species, and further provided, that such animals shall not be liberated within the Commonwealth.¹¹

Provision-Level Authorization Analysis

Provision 1

"A. Permit required. A special permit is required and may be issued by the depart..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish regulations that manage not only native species but also nonnative animals, as seen in the regulation requiring a special permit for the importation, possession, or sale of certain nonnative animals, thereby aligning with the overarching goals of wildlife management. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife management while ensuring compliance with the statutory framework.

EXCEPTION § 29.1-542

Provision 2

"I. cyprinellus Bigmouth* buffalo I. niger Black buffalo* Characidae Pygopristis ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of species and activities, allowing for the regulation of specific fish species, such as those listed in the regulation, under the general authority provided by the statute. The legal significance of this authorization relationship is that it enables the Board to effectively manage and protect wildlife resources by establishing detailed regulations that align with the overarching statutory framework.

EXCEPTION § 29.1-542

Provision 3

"B. Temporary possession permit for certain animals. Notwithstanding the permitti..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses various aspects of wildlife management, including the regulation of nonnative animals, which is addressed in the regulation regarding temporary possession permits. The legal significance of this authorization relationship is that it allows the Board to create specific regulations under the general authority provided by the statute, ensuring that the management of wildlife, including nonnative species, is consistent with the overarching goals of conservation and regulation.

EXCEPTION § 29.1-542

Provision 4

"C. Exception for certain monk parakeets. A permit is not required for monk parak..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of specific species, such as monk parakeets, and establishes a framework for exceptions to general rules regarding possession and permits. The legal significance of this relationship is that it enables the Board to implement nuanced regulations that reflect the needs of wildlife management while remaining within the scope of the authority granted by the statute.

EXCEPTION § 29.1-542

Provision 5

"D. Exception for parts or products. A permit is not required for parts or produc..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of various aspects of wildlife management, including exceptions for nonnative animals, which is reflected in the regulation that permits the use of parts or products from these animals without a permit for specific purposes. The legal significance of this authorization relationship is that it enables the Board to create flexible regulations that address specific situations while remaining within the expansive framework established by the statute.

EXCEPTION § 29.1-542

Provision 6

"E. Exception for prairie dogs. The effective date of listing of prairie dogs und..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows for a wide range of regulatory actions, including specific exceptions for certain species, such as prairie dogs, which fall under the general category of wild animals. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that address specific circumstances while remaining within the overarching framework established by the statute.

EXCEPTION § 29.1-542

Provision 7

"F. Exception for snakehead fish. Anglers may legally harvest snakehead fish of t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning snakehead fish, as it addresses the taking and killing of a specific species within the category of inland water fish, thus falling under the general authority provided by the statute. The legal significance of this authorization relationship is that it allows the Board to implement specific management measures for wildlife, ensuring that regulations can adapt to changing ecological conditions and species management needs without requiring a more restrictive authorization level.

EXCEPTION § 29.1-542

Provision 8

"G. Exception for feral hogs. Anyone may legally trap feral hogs with written per..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, and killing of wild animals, which includes feral hogs as they are classified as wild animals. This broad grant of authority allows the regulation to establish specific conditions under which feral hogs may be trapped and killed, thus falling within the general framework provided by the statute. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations that address specific wildlife management issues while remaining within the scope of the authority granted by the statute.

EXCEPTION § 29.1-542

Provision 9

"H. Exception for grass carp. Anglers may legally harvest grass carp of the famil..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the harvesting of grass carp, as it falls within the category of taking and possession of inland water fish, thereby justifying the use of GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to establish specific rules regarding the management and conservation of aquatic species, ensuring that regulations can be adapted to address particular circumstances and ecological considerations.

EXCEPTION § 29.1-542

Provision 10

"I. Exception for Alabama bass. Anglers may possess live Alabama bass of the fami..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities concerning wildlife management, allowing for regulations that address specific scenarios, such as the possession of live Alabama bass under certain conditions. The legal significance of this authorization relationship is that it enables the Board to create detailed regulations that respond to specific ecological and management needs while remaining within the general framework established by the statute.

EXCEPTION § 29.1-542

Provision 11

"J. All other nonnative (exotic) animals. All other nonnative (exotic) animals no..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of all aspects related to wildlife management, including nonnative (exotic) animals, thereby justifying the GENERAL_DELEGATION for the regulation that addresses the possession, purchase, and sale of such animals while ensuring compliance with applicable laws. The legal significance of this relationship is that it empowers the Board to create comprehensive regulations that adapt to changing circumstances in wildlife management without needing specific legislative approval for each regulation.

EXCEPTION § 29.1-542

Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals

4VAC15-30-50

Express

General

Overreach

Unauthorized

Requirements

A. Department employees in the performance of their official duties; U.S. government agencies' employees whose responsibility includes fisheries and wildlife management; county, city, or town animal control officers in the performance of their official duties related to public health concerns or problem wildlife removal; and individuals operating under conditions of a commercial nuisance animal permit issued by the department pursuant to §§ 29.1-412 and 29.1-417 of the Code of Virginia will be deemed to be permitted pursuant to this section to capture, temporarily hold or possess, transport, release, and when necessary humanely dispatch wildlife, provided that the methods of and documentation for the capture, possession, transport, release, and humane dispatch shall be in accordance with director policy.¹ B. Local animal shelters operating under the authority of, or under contract with, any county, city, or town with animal control responsibilities shall be authorized to receive, temporarily confine, and humanely euthanize wildlife, except for state or federal threatened and endangered species, federally protected migratory bird species, black bear, white-tailed deer, and wild turkey, provided that the methods of and documentation for the possession, confinement, and euthanasia shall be in accordance with conditions defined by the agency director. Provided further that any person may legally transport wildlife, except for those species listed in this subsection, to an authorized animal shelter after contacting the facility to confirm the animal will be accepted.² C. Wildlife rehabilitators permitted by the department shall be authorized to receive, temporarily confine, provide medical care to, release, and humanely dispatch wildlife provided that the methods of and documentation for such activities shall be in accordance with permit conditions defined by the department. Any person may capture and transport an injured, debilitated, sick, or orphaned wild animal without unnecessary delay directly to a permitted wildlife rehabilitator, department employee, or other person authorized by the department to possess and transport these animals, but only after contacting the facility, employee, or authorized person to confirm the animal will be accepted. Prior to transport, no care may be provided to a wild animal, except as directed by a permitted wildlife rehabilitator or department employee. Following rehabilitation, transport and release of native wildlife shall be allowed as long as such activities are conducted in accordance with permit conditions.³ D. Employees or agents of other state wildlife agencies while in the performance of their official duty in transporting wildlife through the Commonwealth will be deemed to be permitted pursuant to this section, provided that a list of animals to be transported, a schedule of dates and locations where those animals will be housed while in the Commonwealth, and a letter of authorization from both the forwarding and receiving state agencies are provided to the department 24 hours prior to the transporting of such animals, and further provided that such animals shall not be liberated within the Commonwealth.⁴ E. Employees or agents of government agencies, while in the performance of their official duties, may temporarily possess, transport, and dispose of carcasses of wild animals killed by vehicles, except for state or federal threatened and endangered species, and federally protected migratory bird species.⁵ F. With prior written approval from the director or the director's designee and under conditions of an applicable department permit, institutions with bona fide accreditation from the Association of Zoos and Aquariums may possess, transport, have transported, export, or import native and naturalized species defined in the List of Native and Naturalized Fauna of Virginia, which is incorporated by reference into 4VAC15-20-50 .⁶

Provision-Level Authorization Analysis

Provision 1

"A. Department employees in the performance of their official duties; U.S. govern..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad grant of authority allows for GENERAL_DELEGATION because it encompasses the regulation's provisions that empower department employees and other designated officials to perform duties related to wildlife management and public health concerns. The legal significance of this authorization relationship is that it enables the Board to delegate regulatory responsibilities to specific personnel, ensuring effective implementation and enforcement of wildlife management practices.

CROSS-REFERENCE § 29.1-412

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 4. Permits Required › Article 3. Special Permits › § 29.1-412. Permits required It shall be unlawful to exercise any privilege of the permits provided in this article without first having obtained the required permit. Any person who violat...

CROSS-REFERENCE § 29.1-417

Provision 2

"B. Local animal shelters operating under the authority of, or under contract wit..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation, as it allows for the establishment of procedures for the humane treatment and management of wildlife, including the actions of local animal shelters in relation to wildlife. The legal significance of this authorization relationship is that it enables local entities to operate within the framework set by the Board, ensuring that wildlife management practices align with state regulations while addressing local needs.

CROSS-REFERENCE § 29.1-412

CROSS-REFERENCE § 29.1-417

Provision 3

"C. Wildlife rehabilitators permitted by the department shall be authorized to re..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation, as it allows for the establishment of specific guidelines and conditions under which wildlife rehabilitators can manage wildlife, including care and humane dispatch, thereby aligning with the overarching purpose of wildlife management and conservation. The legal significance of this authorization relationship is that it enables the Board to implement detailed regulations that are necessary for the effective oversight and protection of wildlife, ensuring that activities related to wildlife are conducted in a manner consistent with statutory objectives.

CROSS-REFERENCE § 29.1-412

CROSS-REFERENCE § 29.1-417

Provision 4

"D. Employees or agents of other state wildlife agencies while in the performance..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of various activities concerning wildlife, which encompasses the regulation that permits employees or agents of other state wildlife agencies to transport wildlife while performing their official duties. The legal significance of this authorization relationship is that it enables the Board to establish necessary guidelines for the management and oversight of wildlife transportation, ensuring compliance with the overarching statutory framework.

CROSS-REFERENCE § 29.1-412

CROSS-REFERENCE § 29.1-417

Provision 5

"E. Employees or agents of government agencies, while in the performance of their..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation, as it allows for the temporary possession, transportation, and disposal of carcasses of wild animals, which falls within the scope of managing wildlife and their associated regulations. The legal significance of this authorization relationship is that it provides the necessary framework for the Board to delegate responsibilities to employees or agents of government agencies, ensuring effective wildlife management while adhering to the statutory guidelines.

CROSS-REFERENCE § 29.1-412

CROSS-REFERENCE § 29.1-417

Provision 6

"F. With prior written approval from the director or the director's designee and..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of regulations that can encompass various aspects of wildlife management, including the conditions under which accredited institutions may possess and transport native and naturalized species, thus justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create flexible regulations that can adapt to specific situations while remaining within the framework of the statutory authority granted to them.

CROSS-REFERENCE § 29.1-412

CROSS-REFERENCE § 29.1-417

Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals

4VAC15-30-60

Express

General

Overreach

Unauthorized

Requirements

An applicant for a permit to propagate raptors pursuant to §§ 29.1-412, 29.1-521, and 29.1-542 of the Code of Virginia who possesses a valid Federal Raptor Propagation Permit shall submit to the department a completed State Propagation Permit application form and shall conduct their activities in accordance with permit conditions established under the authority of the director as granted in 4VAC15-30-5 .¹

Provision-Level Authorization Analysis

Provision 1

"An applicant for a permit to propagate raptors pursuant to §§ 29.1-412, 29.1-521..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses a wide range of activities related to wildlife management, allowing for the establishment of specific regulations, such as those governing the propagation of raptors, under the general authority provided. The legal significance of this authorization relationship is that it enables the Board to create detailed regulations necessary for effective wildlife conservation and management while ensuring compliance with federal requirements.

CROSS-REFERENCE § 29.1-412

EXCEPTION § 29.1-542

Birds: Incidental Take of Bird Species

4VAC15-35-10

Express

General

Overreach

Unauthorized

Requirements

The purpose of this chapter is to: 1.¹ Regulate the incidental take of regulated bird species and habitats in the context of the board's oversight authorities described in § 29.1-501 A of the Code of Virginia and the department's conservation and management authorities described in § 29.1-521 A 2 and A 10 of the Code of Virginia by establishing a regulatory framework for the administration, implementation, and enforcement of an incidental take permitting program; 2.² Provide ample protections to regulated bird species and habitats while authorizing take that may occur incidental to regulated activities through the issuance of a general permit or an individual incidental take permit that stipulates best management practices with the intended purpose of avoiding, minimizing, or compensating incidental take; and 3.³ Delineate the procedures and requirements to be followed in connection with permits issued by the department, while providing flexibility for innovative solutions that avoid, minimize, or compensate incidental take of regulated bird species and habitats when such authorization meets the criteria of this chapter.⁴

Provision-Level Authorization Analysis

Provision 1

"The purpose of this chapter is to: 1."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting, taking, and possession of wild birds and animals. This broad language allows for a wide range of regulatory actions, enabling the Board to establish comprehensive rules that address the management and conservation of wildlife, which aligns with the regulation's purpose of outlining specific provisions related to these activities. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations under a general framework, ensuring effective governance and adaptability in wildlife management practices.

DEFINITION § 29.1-501

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 1. General Provisions › § 29.1-501. Promulgation of regulations; publication of proposed regulations or change therein; validation; evidentiary nature of publication A. The Board may promulgate regulatio...

DEFINITION § 29.1-521

Provision 2

"Regulate the incidental take of regulated bird species and habitats in the conte..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the incidental take of regulated bird species and habitats, as it falls within the scope of managing wildlife and their conservation, which the Board is explicitly empowered to oversee. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to protect wildlife while ensuring compliance with the overarching statutory framework.

DEFINITION § 29.1-501

DEFINITION § 29.1-521

Provision 3

"Provide ample protections to regulated bird species and habitats while authorizi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the regulation to encompass provisions for incidental take permits and best management practices, as it falls within the scope of managing and protecting wildlife while facilitating regulated activities. The legal significance of this authorization relationship is that it enables the Board to implement flexible regulatory measures that balance conservation efforts with the practical needs of stakeholders engaged in activities that may impact wildlife.

DEFINITION § 29.1-501

DEFINITION § 29.1-521

Provision 4

"Delineate the procedures and requirements to be followed in connection with perm..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's focus on delineating procedures and requirements for permits, as it directly relates to the management and conservation of regulated species while allowing for innovative solutions to minimize impacts. The legal significance of this authorization relationship is that it enables the Board to adapt regulations to evolving conservation needs and practices, ensuring effective management of wildlife resources under its jurisdiction.

DEFINITION § 29.1-501

DEFINITION § 29.1-521

Birds: Incidental Take of Bird Species

4VAC15-35-20

Express

General

Overreach

Unauthorized

Requirements

Regulated habitat" means biologically significant avian habitat or general avian habitat that is in an area subject to a sector-specific plan, an avian conservation and mitigation plan, or an individual incidental take permit. "Sector-specific plan" means a framework adopted by regulation of the board that defines what activities will require a permit from the department for incidental take of regulated bird species and outlines the criteria for obtaining such a permit, such as specific best management practices, schedules, or criteria for avoiding or minimizing incidental take and circumstances in which project bundling may be applicable. "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, capture, trap, collect, possess, destroy, disturb, or to attempt to engage in any such conduct or any activity that significantly or permanently impedes breeding, foraging, resting, or other normal avian behaviors conducted during the annual life cycle, obstructs the use of or destroys or degrades regulated habitats, or reduces reproductive success or survival rates of regulated bird species.¹

Provision-Level Authorization Analysis

Provision 1

"Regulated habitat" means biologically significant avian habitat or general avian..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation by allowing the Board to define and manage biologically significant avian habitats and related plans, which fall within the scope of wildlife management and conservation efforts. The legal significance of this authorization relationship is that it enables the Board to implement necessary regulations that protect wildlife and their habitats without requiring further legislative approval, thereby facilitating effective conservation measures.

Birds: Incidental Take of Bird Species

4VAC15-35-30

Express

General

Overreach

Unauthorized

Requirements

Except as provided in this chapter, it shall be unlawful for any person to conduct a regulated activity that results or will result in incidental take of a regulated bird species or regulated habitat without obtaining and complying with a permit from the department.¹ However, no permit shall be necessary for incidental take of regulated bird species or habitats unless the board has adopted a sector-specific plan requiring such permit.² The board may adopt sector-specific plans for any of the following categories: 1.³ Commercial projects, including new construction or expansion: a.⁴ Retail stores or malls; b.⁵ Lodging facilities; d.⁶ Office buildings outside of an existing commercial park; e.⁷ Commercial parks; f.⁸ Medical facilities, including nursing homes, rehabilitation and convalescence centers; g.⁹ Sports facilities; or h.¹⁰ Other large-scale nonindustrial structures and facilities planned for commerce, health care, hospitality services, government use, or other business use. 2.¹¹ Industrial projects, including new construction or expansion: a.¹² Industrial manufacturing buildings outside of an existing industrial park; b.¹³ Industrial parks; c.¹⁴ Sewage treatment plants; d.¹⁵ Government facilities, such as warehouses and laboratories; e.¹⁶ Power generation plants; or f.¹⁷ Other large-scale noncommercial public, private, or governmental structures or facilities that directly engage in or are connected to the handling, storage, manufacturing, maintenance, treatment, or disposal of materials, products, goods, commodities, or hazardous waste. 3.¹⁸ Oil, gas, and wastewater disposal pits. 4.¹⁹ Methane or other gas burner pipes. 5.²⁰ Communications towers. 6.²¹ Electric transmission and distribution lines. 7.²² Wind and solar energy projects. 8.²³

Provision-Level Authorization Analysis

Provision 1

"Except as provided in this chapter, it shall be unlawful for any person to condu..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's requirement for permits related to incidental take, as it falls under the Board's responsibility to manage and protect wildlife resources effectively. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to regulate activities that may impact wildlife, ensuring compliance and conservation efforts are upheld without needing to specify every detail in the statute itself.

Provision 2

"However, no permit shall be necessary for incidental take of regulated bird spec..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to establish rules regarding incidental take of regulated bird species, as it falls within the scope of managing wildlife resources and their conservation, thereby justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement flexible regulatory measures to address specific wildlife management needs without requiring additional legislative approval for each regulation.

Provision 3

"The board may adopt sector-specific plans for any of the following categories: 1..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to adopt sector-specific plans that align with the overarching themes of wildlife management and conservation, thereby justifying the GENERAL_DELEGATION status of the regulation. The legal significance of this relationship is that it empowers the Board to create tailored regulations that address specific needs within the scope of its statutory authority, ensuring effective governance and management of wildlife resources.

Provision 4

"Commercial projects, including new construction or expansion: a."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments after fulfilling all necessary hearing and notice requirements. This broad grant of authority allows the board to regulate various aspects of commercial projects, including new construction or expansion, under the general framework established by the statute. The legal significance of this relationship is that it enables the board to exercise its regulatory powers flexibly and responsively to the needs of commercial development while adhering to procedural safeguards.

Provision 5

"Retail stores or malls; b."

Potential Overreach

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically states that the board may adopt regulations and amendments to regulations only after completing all applicable hearing and notice requirements. The regulation regarding "Retail stores or malls" may exceed the board's authority if it imposes additional requirements or restrictions not explicitly authorized by the statute, as the statute does not provide a clear mandate for regulating retail environments. The legal significance of this relationship is that any regulation that extends beyond the scope of the statutory authority could be deemed invalid or subject to challenge, as it does not align with the limitations set forth in the statute.

Provision 6

"Lodging facilities; d."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically states that the board has the authority to adopt regulations and amendments to regulations after fulfilling all necessary hearing and notice requirements. This broad grant of authority allows the board to implement regulations that address various aspects of its mandate, including those related to lodging facilities, thereby justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the board to create and enforce regulations that are essential for the effective management and oversight of lodging facilities within its jurisdiction.

Provision 7

"Office buildings outside of an existing commercial park; e."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-501 specifically states that the Board may promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation concerning "office buildings outside of an existing commercial park" does not pertain to any of the activities explicitly authorized by the statute, thereby resulting in its UNAUTHORIZED status. The legal significance of this relationship is that regulations must be grounded in the specific authority granted by the statute, and any deviation from this scope renders the regulation invalid.

Provision 8

"Commercial parks; f."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities and allows for regulations that address various aspects of wildlife management, including those pertinent to commercial parks, thereby justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create comprehensive regulations that ensure the effective management and conservation of wildlife resources under its jurisdiction.

Provision 9

"Medical facilities, including nursing homes, rehabilitation and convalescence ce..."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-501 specifically grants authority related to the management and regulation of wildlife and does not mention medical facilities or healthcare services. The regulation concerning "medical facilities, including nursing homes, rehabilitation and convalescence centers" falls outside the scope of the agency's authority as defined by the statute, which does not encompass healthcare-related regulations. This lack of alignment between the statute's focus on wildlife management and the regulation's healthcare provisions signifies that the regulation is unauthorized.

Provision 10

"Sports facilities; or h."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses a wide range of activities and considerations, allowing the Board to implement regulations that address various aspects of wildlife management, including those related to sports facilities, which may impact hunting and wildlife interactions. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations necessary for effective wildlife conservation and management, reflecting the legislative intent to provide flexibility in addressing diverse regulatory needs.

Provision 11

"Other large-scale nonindustrial structures and facilities planned for commerce, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the creation of regulations that can encompass various aspects of wildlife management and related activities, which can logically extend to include regulations concerning large-scale structures and facilities that may impact these activities. The legal significance of this authorization relationship is that it provides the Board with the flexibility to regulate interconnected areas that affect wildlife and their habitats, ensuring comprehensive management under the general delegation of authority.

Provision 12

"Industrial projects, including new construction or expansion: a."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to create regulations that encompass various aspects of industrial projects, including new construction or expansion, which fall under the general scope of the board's regulatory powers. The legal significance of this relationship is that it enables the board to exercise its regulatory authority flexibly and responsively to the needs of industrial development while ensuring compliance with procedural requirements.

Provision 13

"Industrial manufacturing buildings outside of an existing industrial park; b."

Potential Overreach

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically states that the board has the authority to adopt regulations and amendments only after completing all applicable hearing and notice requirements. The regulation regarding "industrial manufacturing buildings outside of an existing industrial park" appears to exceed the statute's authorization because it introduces specific requirements that may not be directly related to the board's regulatory scope as defined by the statute. The legal significance of this relationship is that any regulation that goes beyond the explicit authority granted by the statute could be deemed invalid or subject to challenge, as it may not align with the intended legislative framework.

Provision 14

"Industrial parks; c."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-501 specifically grants the Board authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation concerning "Industrial parks" does not pertain to any of these specified activities, which results in it being UNAUTHORIZED as it falls outside the scope of the authority granted by the statute. The legal significance of this relationship is that regulations must directly align with the authority provided in the statute; otherwise, they lack legal standing and enforceability.

Provision 15

"Sewage treatment plants; d."

Potential Overreach

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically states that the board has the authority to adopt regulations and amendments to regulations after completing all applicable hearing and notice requirements. The regulation regarding sewage treatment plants may exceed this authority if it imposes requirements or restrictions that are not explicitly supported by the statutory language, which only grants the board the power to adopt regulations, not to create new obligations beyond those outlined in the statute. The legal significance of this relationship is that any regulation that goes beyond the scope of the statute could be deemed invalid, as it would not have the proper statutory foundation to support its enforcement.

Provision 16

"Government facilities, such as warehouses and laboratories; e."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically states that the Board may promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation's reference to "government facilities, such as warehouses and laboratories" does not directly relate to the activities of hunting or taking wildlife, suggesting that it may extend beyond the authority granted by the statute. The legal significance of this relationship indicates that the regulation could be invalid as it appears to address matters outside the scope of the statutory language, which is limited to specific wildlife-related activities.

Provision 17

"Power generation plants; or f."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-501 specifically grants the Board authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation regarding "Power generation plants" does not pertain to any of the activities or subjects explicitly mentioned in the statute, which results in it being unauthorized. The legal significance of this relationship is that regulations must directly align with the authority granted by the statute, and any deviation from the specified subjects undermines the regulatory framework established by the legislature.

Provision 18

"Other large-scale noncommercial public, private, or governmental structures or f..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses a wide range of activities and responsibilities, allowing for the regulation of various aspects related to wildlife management, which can reasonably extend to the handling and disposal of materials connected to wildlife activities. The legal significance of this authorization relationship is that it provides the Board with the necessary flexibility to implement regulations that ensure the protection and management of wildlife resources, thereby supporting the overarching goals of conservation and public safety.

Provision 19

"Oil, gas, and wastewater disposal pits. 4."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments upon completing all applicable hearing and notice requirements. This broad grant of authority allows the board to regulate various aspects of oil, gas, and wastewater disposal pits, as it encompasses the necessary actions to ensure environmental protection and public safety. The legal significance of this authorization relationship is that it empowers the board to implement regulations that are essential for managing resources effectively while adhering to procedural requirements.

Provision 20

"Methane or other gas burner pipes. 5."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows for a wide range of regulatory actions, including those that may pertain to the equipment and methods used in these activities, thereby justifying the GENERAL_DELEGATION authorization level. The legal significance of this relationship is that it empowers the Board to create regulations that address various aspects of wildlife management, ensuring that they can adapt to changing circumstances and needs within the scope of their statutory authority.

Provision 21

"Communications towers. 6."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-501 specifically grants the agency authority to regulate certain activities related to wildlife and natural resources but does not mention communications towers. The regulation on communications towers exceeds the scope of authority provided by the statute, as it does not relate to wildlife management or the conservation of natural resources as outlined in the statutory text. The legal significance of this relationship is that without explicit statutory authority, the regulation cannot be enforced, rendering it unauthorized.

Provision 22

"Electric transmission and distribution lines. 7."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-501 specifically grants the agency authority to regulate certain aspects of natural resources and their management, but it does not mention electric transmission and distribution lines. The regulation concerning "Electric transmission and distribution lines" falls outside the scope of the authority provided by the statute, as it does not address or encompass electrical infrastructure. The legal significance of this relationship is that regulations must be directly supported by statutory authority, and without such support, the regulation is deemed unauthorized.

Provision 23

"Wind and solar energy projects. 8."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-501 specifically outlines the agency's authority in relation to the management of certain natural resources and does not mention wind and solar energy projects. The regulation regarding "Wind and solar energy projects" extends beyond the scope of the statutory language, which does not provide explicit authority for the agency to regulate these specific energy sources. The legal significance of this relationship is that without clear statutory authorization, the regulation is deemed unauthorized and cannot be enforced.

Birds: Incidental Take of Bird Species

4VAC15-35-40

Express

General

Overreach

Unauthorized

Requirements

Activities occurring before adoption of sector-specific plan.¹ No permit shall be necessary for any regulated activity that is actively under construction, has received all necessary permits and approvals but construction has not commenced or that has provided evidence of other contractual obligations that may be described in the appropriate sector-specific plan on or before the effective date of a sector-specific plan that would otherwise apply to that regulated activity.² Upon request, the department may review the circumstances of a project and provide a letter stating that no permit is necessary to any person conducting such an activity.³

Provision-Level Authorization Analysis

Provision 1

"Activities occurring before adoption of sector-specific plan."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting, taking, and possession of wild birds and animals. This broad language allows the Board to establish regulations that address activities occurring prior to the adoption of specific plans, thereby encompassing a wide range of regulatory actions under the umbrella of wildlife management. The legal significance of this authorization relationship is that it enables the Board to implement necessary regulations without the need for further legislative approval, ensuring timely and effective management of wildlife resources.

Provision 2

"No permit shall be necessary for any regulated activity that is actively under c..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the regulation to establish conditions under which permits are not required for certain regulated activities, as it falls within the scope of managing and overseeing the activities related to wildlife. The legal significance of this relationship is that it enables the Board to implement flexible regulatory measures that facilitate compliance and operational efficiency while still adhering to the overarching statutory framework.

Provision 3

"Upon request, the department may review the circumstances of a project and provi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation because it allows the agency to manage and oversee activities related to wildlife, including the ability to determine when a permit is necessary for certain actions, thereby facilitating compliance and conservation efforts. The legal significance of this authorization relationship is that it empowers the agency to make determinations that streamline regulatory processes while ensuring the protection of wildlife resources.

Birds: Incidental Take of Bird Species

4VAC15-35-50

Express

General

Overreach

Unauthorized

Requirements

Nothing in this section shall be interpreted to excuse compliance with the prohibitions, provisions or requirements of any other federal, state, or local laws, regulations, or ordinances, including the Virginia Endangered Species Act (§ 29.1-563 et seq. of the Code of Virginia); the federal Migratory Bird Treaty Act (16 USC § 703 et seq.), the federal Bald and Golden Eagle Protection Act (16 USC § 668 et seq.), and the federal Endangered Species Act (16 USC § 1531 et seq.).¹

Provision-Level Authorization Analysis

Provision 1

"Nothing in this section shall be interpreted to excuse compliance with the prohi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation to encompass compliance with other laws, as it ensures that the Board's regulations operate within a framework that respects existing legal requirements, thereby justifying GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to enforce its regulations while ensuring they align with and do not conflict with other applicable laws, promoting comprehensive wildlife management and conservation efforts.

DEFINITION § 29.1-563

Birds: Incidental Take of Bird Species

4VAC15-35-60

Express

General

Overreach

Unauthorized

Requirements

The following activities are exempt from the permitting requirements of this chapter.¹ Any incidental take associated with these activities will not be considered a violation of this section: 1.² Activities that are not defined as "regulated activities"; 2.³ Agricultural and silvicultural activities; 3.⁴ Residential construction activities; and 4.⁵ Regulated activities performed under emergency situations, including activities necessary to restore essential services, protect human health, address a public safety issue, or prevent imminent damage to property.⁶

Provision-Level Authorization Analysis

Provision 1

"The following activities are exempt from the permitting requirements of this cha..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad grant of authority allows the Board to establish exemptions from permitting requirements, as it falls within the scope of regulating activities associated with wildlife. The legal significance of this relationship is that it empowers the Board to make determinations about regulatory exemptions, thereby facilitating effective wildlife management while adhering to the overarching statutory framework.

Provision 2

"Any incidental take associated with these activities will not be considered a vi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the regulation of incidental takes associated with these activities, which aligns with the statute's intent to manage and oversee wildlife interactions comprehensively, resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Board to establish necessary regulations to ensure wildlife conservation and management without needing further specific legislative approval for each regulation.

Provision 3

"Activities that are not defined as "regulated activities"; 2."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including hunting, taking, and possession of wild birds, animals, and inland water fish. This broad language allows for GENERAL_DELEGATION because it encompasses a wide range of activities, including those that may not be explicitly defined as regulated, thereby permitting the Board to address and manage unforeseen or emerging issues in wildlife regulation. The legal significance of this authorization relationship is that it empowers the Board to adaptively manage wildlife resources while ensuring compliance with overarching statutory mandates.

Provision 4

"Agricultural and silvicultural activities; 3."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically states that the board has the authority to adopt regulations and amendments to regulations after fulfilling all necessary hearing and notice requirements. This broad grant of authority allows the board to create regulations that address a wide range of topics, including those related to agricultural and silvicultural activities, thereby justifying the application of GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the board to implement regulations that are essential for managing and overseeing the specified activities within its jurisdiction, ensuring effective governance and compliance.

Provision 5

"Residential construction activities; and 4."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation's mention of "Residential construction activities" does not align with the statutory focus on wildlife management, indicating that it exceeds the scope of the authority granted by the statute. This discrepancy highlights the legal significance that regulations must remain within the boundaries set by the enabling statute to ensure they are valid and enforceable.

Provision 6

"Regulated activities performed under emergency situations, including activities ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning emergency situations, as it allows for necessary actions to protect human health and public safety, which are critical in managing wildlife and their interactions with humans. The legal significance of this authorization relationship is that it enables the Board to respond flexibly and effectively to urgent situations that may arise, ensuring that regulations can adapt to protect both wildlife and the public.

Birds: Incidental Take of Bird Species

4VAC15-35-70

Express

General

Overreach

Unauthorized

Requirements

The board may, by regulation, adopt a sector-specific plan that provides the framework for general permits issued for a particular category of regulated activities. b.¹ An applicant whose activities qualifies for a general permit must submit an application to the department and comply with all requirements stated in the sector-specific plan. c.² The general permit authorizes a regulated activity only if the activity and applicant satisfy all of the terms and conditions of the general permit and associated sector-specific plan. d.³ An applicant for general permit coverage must adhere to the conditions set forth in this chapter pertaining to permit renewal, amendment, transfer, suspension, revocation, and other procedures for permit issuance.⁴ If a sector-specific plan expressly requires department review and authorization of general permit coverage, the applicant shall submit a permit application and any required documents, together with the applicable fee, to the department prior to commencing the proposed activity, and adhere to the identified procedures unless the sector-specific plan otherwise specifies.⁵ The department will review the permit application and required documents to ensure that the activity complies with the terms and conditions of the general permit. e.⁶ Incidental take by a regulated activity of regulated bird species or habitats shall be first avoided and then minimized through the use of best management practices described in the appropriate sector-specific plan or otherwise authorized by the department. f.⁷ Persons authorized by the general permit may be required to monitor and report impacts to and the incidental take of regulated bird species that result from the regulated activity as set forth in the sector-specific plan. g.⁸ No general permit coverage issued under this chapter shall be valid for a period of more than eight years after the date of its issuance, or such shorter term otherwise specified in the applicable sector-specific plan or requested by the applicant.⁹ An applicant may terminate a permit prior to the expiration of the defined term upon providing written evidence to the department of the conclusion of construction and fulfillment of any applicable monitoring or site closure requirements defined in the appropriate general permit. h.¹⁰ If the department, upon receiving an application for a general permit, determines that the activity does not qualify for a general permit, but still requires a permit from the department, the department will notify the applicant in writing of the reasons that the activity does not qualify for a general permit.¹¹ The applicant may revise the activity and resubmit the application for a general permit or submit an application for an individual incidental take permit. 2.¹² Individual incidental take permit. a.¹³ Applicants shall obtain individual incidental take permits under such terms and conditions necessary to avoid, minimize, or compensate for the incidental take of regulated bird species or habitats when: (1) Regulated activities will occur within or adjacent to biologically significant avian habitat, or (2) Required by the terms of the applicable sector-specific plan. b.¹⁴ In addition to the conditions set forth in this section governing permit renewal, amendment, transfer, suspension, revocation, and other procedures for permit issuance, an applicant for an individual incidental take permit must adhere to the following procedures: (1) The applicant shall prepare and submit an avian conservation and mitigation plan in accordance with the provisions in this section for department approval and must submit the applicable fee and any additional information and documents that the department determines are necessary for permit issuance.¹⁵ The applicant must receive final permit approval prior to commencing the proposed activity. (2) The department shall review the applicant's permit application and included avian conservation and mitigation plan and shall notify the person applying for the permit in writing of any necessary amendments or additions. (3) Impacts of a regulated activity on regulated bird species or habitats shall be first avoided and then minimized through the use of best management practices or other measures as described in the appropriate sector-specific plan and the avian conservation and mitigation plan.¹⁶ Persons authorized by the individual incidental take permit will be required to compensate for unavoidable incidental take of regulated bird species or habitats. (4) Persons authorized by the individual take permit may be required to monitor and report impacts to and the incidental take of regulated bird species that result from the regulated activity as set forth in the sector-specific plan, individual incidental take permit, or avian conservation and mitigation plan. (5) No individual incidental take permit issued under this subsection shall be for a period of more than 10 years after the date of its issuance or such shorter time period determined appropriate by the department or requested by the applicant.¹⁷ An applicant may terminate a permit prior to the expiration of the defined term upon providing written evidence to the department of the conclusion of construction and fulfillment of any applicable monitoring requirements defined in the individual incidental take permit. c.¹⁸ An avian conservation and mitigation plan must provide sufficient information to demonstrate that the conservation criteria established in the individual incidental take permit will be fulfilled.¹⁹ The plan must clearly define the project's scope of work and the project's possible impacts on regulated bird species or habitats.²⁰ In addition, the plan must include: (1) A site plan drawn to scale showing the location of the proposed activity; (2) A detailed description and schedule of the work to be performed; (3) A quantitative or narrative description of the likely incidental take of regulated bird species or habitats; (4) The steps the applicant will take to avoid, minimize, and compensate for such impacts, including: (a) Avoidance, minimization, and compensation measures the applicant shall employ using reliable department-approved methods that are be based upon the best available science and utilizing the best practicable and necessary technology to meet the requirements of the applicable sector-specific plan.²¹ These measures shall be evaluated for effectiveness in a consistent and rigorous manner by the applicant throughout their implementation.²² (b) Compensation measures that shall ensure that a naturally-sustaining ecosystem or quality of habitat comparable to the pre-activity conditions at the location of the regulated activity or within a reasonable proximity is established upon the activity's completion and achieves no net loss of regulated birds or habitats.²³ (c) Any actions included in the applicable sector-specific plan considered by the applicant and the reasons why such actions are not being utilized; (d) A contingency plan to rectify any failures of implemented measures or actions necessary to provide additional protection to regulated bird species, including hazing programs or other temporary or emergency measures that would be instituted; (e) A timeline of when each element of the plan will be completed; and (f) Such other measures that the department or applicable sector-specific plan may require as being necessary or appropriate for purposes of the plan; and (5) The avian conservation and mitigation plan may avoid duplication by incorporating information included in any permit application required by any other permitting agency.²⁴ The plan shall identify by source, section, and page number when referencing such information. d.²⁵ While most general and individual incidental take permits will apply only to the construction phase of a regulated activity, nothing in this chapter shall prevent the board from including requirements for the operational phase of a particular regulated activity in a sector-specific plan if the board determines that operations are likely to incidentally take regulated bird species or habitats.²⁶ If operational requirements are included in a sector-specific plan, permits may be renewed throughout the life of the regulated activity.²⁷

Provision-Level Authorization Analysis

Provision 1

"The board may, by regulation, adopt a sector-specific plan that provides the fra..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to adopt sector-specific plans that establish frameworks for general permits, as these activities fall within the overarching themes of regulation concerning wildlife management and conservation. The legal significance of this relationship is that it empowers the Board to create tailored regulations that address specific categories of regulated activities, ensuring effective governance and compliance within the scope of the statutory mandate.

Provision 2

"An applicant whose activities qualifies for a general permit must submit an appl..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking, possession, and transportation of wild birds and animals. This broad grant of authority allows the Board to establish general permits and requirements for activities related to wildlife, which is reflected in the regulation that mandates applicants to submit applications and comply with sector-specific plans. The legal significance of this relationship is that it enables the Board to implement flexible and adaptive management practices for wildlife, ensuring that regulations can be tailored to specific circumstances while remaining within the scope of the statutory authority.

Provision 3

"The general permit authorizes a regulated activity only if the activity and appl..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting, taking, and possession of wild birds and animals. This broad grant of authority allows the regulation to encompass general permits for regulated activities, as it aligns with the Board's responsibility to manage and oversee wildlife resources effectively. The legal significance of this authorization relationship is that it enables the Board to implement flexible and adaptive regulatory measures that ensure compliance with wildlife management objectives while accommodating specific activities and conditions.

Provision 4

"An applicant for general permit coverage must adhere to the conditions set forth..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation's requirements for permit coverage, as it directly relates to the management and oversight of activities involving wildlife, thereby justifying a GENERAL_DELEGATION for the Board to establish conditions for permit issuance and related procedures. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulatory measures to ensure the sustainable management of wildlife resources while maintaining flexibility in the regulatory process.

Provision 5

"If a sector-specific plan expressly requires department review and authorization..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and transportation of wild birds and animals. This broad grant of authority allows the Board to establish regulations that require permit applications and adherence to specific procedures, as outlined in the regulation, thereby falling under the scope of GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement detailed regulatory frameworks necessary for effective wildlife management while maintaining oversight through the permit application process.

Provision 6

"The department will review the permit application and required documents to ensu..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and fish. This broad grant of authority allows the regulation to encompass the review of permit applications and compliance with general permit terms, as it falls within the scope of managing the activities associated with wildlife. The legal significance of this authorization relationship is that it enables the agency to implement necessary oversight and ensure adherence to wildlife management practices without requiring further specific legislative approval for each regulatory action.

Provision 7

"Incidental take by a regulated activity of regulated bird species or habitats sh..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the regulation of incidental take of regulated bird species or habitats, as it encompasses the management of wildlife and their habitats, thus resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the agency to implement best management practices to protect wildlife while allowing for regulated activities, ensuring both conservation and compliance with statutory mandates.

Provision 8

"Persons authorized by the general permit may be required to monitor and report i..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's requirement for monitoring and reporting impacts on regulated bird species, as it falls within the scope of managing and protecting wildlife as outlined in the statute. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to ensure the conservation and sustainable management of wildlife populations without needing to seek additional specific legislative approval for each regulatory action.

Provision 9

"No general permit coverage issued under this chapter shall be valid for a period..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation's stipulation regarding the validity period of general permit coverage, as it falls within the Board's responsibility to manage and regulate activities associated with wildlife. The legal significance of this authorization relationship is that it allows the Board to establish necessary timeframes for permits, ensuring effective oversight and management of wildlife resources under its jurisdiction.

Provision 10

"An applicant may terminate a permit prior to the expiration of the defined term ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and fish. This broad grant of authority encompasses the regulation concerning the termination of permits, as it relates to the management and oversight of activities involving wildlife and their habitats, thereby justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to implement necessary regulatory measures to ensure compliance and effective management of wildlife resources without requiring specific legislative approval for each individual regulation.

Provision 11

"If the department, upon receiving an application for a general permit, determine..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various activities concerning wild birds, wild animals, and inland water fish, including the issuance of permits. This broad grant of authority allows the regulation to fall under GENERAL_DELEGATION, as it encompasses the department's ability to manage permit applications and communicate decisions regarding qualifications for permits. The legal significance of this authorization relationship is that it enables the department to exercise discretion in regulating activities while ensuring compliance with the overarching statutory framework established by the Board.

Provision 12

"The applicant may revise the activity and resubmit the application for a general..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the establishment of regulations that facilitate the management and oversight of activities involving wildlife, which includes provisions for applicants to revise activities and seek permits as outlined in the regulation. The legal significance of this authorization relationship is that it empowers the Board to create flexible regulatory frameworks that adapt to varying circumstances while remaining within the scope of the statutory authority provided.

Provision 13

"Individual incidental take permit. a."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities and allows for the creation of specific regulations, such as the individual incidental take permit, which falls under the general authority to regulate the taking and possession of wildlife. The legal significance of this relationship is that it provides the Board with the flexibility to implement detailed regulations necessary for effective wildlife management while remaining within the scope of the authority granted by the statute.

Provision 14

"Applicants shall obtain individual incidental take permits under such terms and ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation requiring individual incidental take permits for regulated bird species or habitats, as it directly pertains to the management and protection of wildlife within the context of the Board's responsibilities. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to mitigate impacts on wildlife, ensuring compliance with conservation goals while operating under a framework of general delegation.

Provision 15

"In addition to the conditions set forth in this section governing permit renewal..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning permit issuance and associated procedures, as it directly relates to the management and control of wildlife activities under the Board's jurisdiction. The legal significance of this authorization relationship is that it allows the Board to implement detailed procedural requirements necessary for the effective regulation of wildlife management, thereby ensuring compliance with the overarching statutory framework.

Provision 16

"The applicant must receive final permit approval prior to commencing the propose..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's requirement for permit approval and the review of applications, as it directly relates to the management and conservation of wildlife, which falls under the Board's regulatory purview. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to ensure the sustainable management of wildlife resources while providing a framework for oversight and compliance through the permitting process.

Provision 17

"Persons authorized by the individual incidental take permit will be required to ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, and other activities concerning wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's requirements for monitoring and compensating for incidental take because it directly relates to the management and conservation of regulated species, which falls under the Board's regulatory purview. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to protect wildlife while ensuring compliance with statutory mandates, thereby facilitating effective wildlife management.

Provision 18

"An applicant may terminate a permit prior to the expiration of the defined term ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses a wide range of regulatory activities, including the management of permits associated with the capture and handling of wildlife, which aligns with the regulation allowing for the termination of permits under specified conditions. The legal significance of this authorization relationship is that it provides the Board with the flexibility to create regulations that address various aspects of wildlife management, ensuring that the regulations are consistent with the overarching statutory framework.

Provision 19

"An avian conservation and mitigation plan must provide sufficient information to..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation requiring an avian conservation and mitigation plan, as it pertains to the management and conservation of wild birds, aligning with the Board's responsibility to ensure that conservation criteria are met. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to protect wildlife while ensuring compliance with established conservation standards.

Provision 20

"The plan must clearly define the project's scope of work and the project's possi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's requirement for defining project scope and assessing impacts on regulated bird species or habitats, as it directly relates to the management and conservation of wildlife. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to protect wildlife while ensuring compliance with statutory mandates, thereby facilitating effective wildlife management.

Provision 21

"In addition, the plan must include: (1) A site plan drawn to scale showing the l..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's requirements for site plans, descriptions of work, and assessments of incidental take, as they are all related to the management and conservation of wildlife and their habitats. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulatory measures necessary for the effective oversight and protection of wildlife resources under its jurisdiction.

Provision 22

"These measures shall be evaluated for effectiveness in a consistent and rigorous..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of regulations that include measures for evaluating effectiveness, as it encompasses all aspects of wildlife management and conservation practices. The legal significance of this authorization relationship is that it enables the Board to implement and assess regulations necessary for the sustainable management of wildlife, ensuring that the regulations are adaptable and responsive to changing conditions and effectiveness.

Provision 23

"(b) Compensation measures that shall ensure that a naturally-sustaining ecosyste..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's focus on compensation measures for maintaining ecosystem integrity, as it relates to the management and conservation of wildlife and their habitats. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations that ensure sustainable practices, thereby supporting the overarching goals of wildlife protection and habitat conservation.

Provision 24

"(c) Any actions included in the applicable sector-specific plan considered by th..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of regulations that encompass various protective measures and contingency plans for regulated bird species, as these actions fall within the scope of managing wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations to ensure the conservation and protection of wildlife, reflecting the intent of the statute to address comprehensive wildlife management issues.

Provision 25

"The plan shall identify by source, section, and page number when referencing suc..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and transportation of wild birds and animals. This broad language allows for GENERAL_DELEGATION because it encompasses a wide range of regulatory activities, including the requirement for documentation and referencing in the regulation, which supports the overall management and oversight of wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife management while ensuring transparency and accountability in the regulatory process.

Provision 26

"While most general and individual incidental take permits will apply only to the..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish regulations that encompass various aspects of wildlife management, including the operational phase of regulated activities, thus resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create comprehensive regulations that address both construction and operational phases, ensuring effective wildlife conservation and management within the framework established by the statute.

Provision 27

"If operational requirements are included in a sector-specific plan, permits may ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad grant of authority allows for the establishment of operational requirements in sector-specific plans, which is reflected in the regulation that permits the renewal of permits throughout the life of the regulated activity. The legal significance of this authorization relationship is that it enables the Board to adapt regulations to evolving operational needs while remaining within the scope of its statutory authority.

Birds: Incidental Take of Bird Species

4VAC15-35-80

Express

General

Overreach

Unauthorized

Requirements

A. Required general information. A permit application must contain the following information: 1. Applicant's full name and address, telephone number, and, if available, fax number and email address; a. If the applicant resides or is located outside of the Commonwealth of Virginia, the name and address of an agent located in the Commonwealth of Virginia; and b. If the applicant is an entity, a description of the type of entity and the name and title of an individual who will be responsible for the permit;¹ 2. Location of the regulated activity;² 3. Certification in the following language: "I hereby certify that the information submitted in this application is complete and accurate to the best of my knowledge and belief";³ 4. Desired effective date of the permit except where issuance date is fixed by the sector-specific plan under which the permit is issued;⁴ 5. Desired duration of the permit, if less than the default term for the sector-specific plan under which the general or individual incidental take permit is requested;⁵ 6. Date of application;⁶ 7. Signature or electronic signature of the applicant; and⁷ 8. Such other information or documentation as may be required by the applicable sector-specific plan.⁸ B. Administrative procedures. 1. The department shall determine the completeness of an application and shall notify the applicant of any determination within 45 calendar days of receipt. Where available to the applicant, electronic communication may be considered communication in writing. a. If, within those 45 calendar days, the application is deemed to be incomplete, the applicant shall be notified in writing of the reasons the application is deemed incomplete. If the application is resubmitted, all deadlines in this section shall apply from the date of receipt of the resubmitted application. b. If a determination of completeness is made and the associated sector-specific plan does not require additional department review, the application is deemed approved and the applicant will be notified in writing. c. If a determination of completeness is not made and communicated to the applicant within 45 calendar days of receipt, the application shall be deemed complete on the 46th day after receipt. d. If the application is complete and the associated sector-specific plan requires additional department review, the department will take no more than 120 days to review. Bundled projects subject to prior approval of biennial standards and specifications as described in 4VAC15-35-90 may take up to 180 days. If, at the end of the designated review period, the department has not taken final action on the application or notified the applicant in writing of the need for an additional 60 days for review, the application shall be deemed approved.⁹ 2. During the review period, the application shall be approved or disapproved, and the decision communicated in writing to the applicant. If the application is not approved, the reasons for not approving the application shall be provided in writing. Approval or denial shall be based on the application's compliance with the requirements of this chapter and the applicable sector-specific plan. a. If the application is not approved, the applicant shall have 45 calendar days to revise the permit application to bring it into compliance with the appropriate sector-specific plan or to appeal the decision to the director of the department under the department's dispute resolution and administrative appeals procedure. The applicant may request, in writing, an extension of the timeframe in which to submit a revised application, not to exceed an additional 60 calendar days. If the revised application is not submitted within the defined timeframe, the department will administratively close the application. b. Upon submission of a revised application after denial, the department shall have 120 days to review and make a determination. If the application is denied again, the applicant will have 45 days after denial to appeal the decision to the director of the department under the department's dispute resolution and administrative appeal procedure. Any new revisions to the permit must be submitted as a new application.¹⁰ 3. Upon approval of an application for an individual incidental take permit, the department will provide the applicant with a permit, including terms and conditions. The applicant shall have 30 calendar days to appeal terms and conditions to the department director under the department's dispute resolution and administrative appeals procedures.¹¹ C. Permit issuance. 1. Denial. The department shall not issue a permit if: a. The applicant has one or more of the disqualifying factors included in subdivision 2 of this subsection; b. The applicant has failed to disclose material information or has made false statements as to any material fact in connection with the application; or c. The department determines that the application fails to comply with the applicable sector-specific plan or any other applicable wildlife law, regulation, or ordinance.¹² 2. Disqualifying factors. The department will provide written notice of any known disqualifying factors to the applicant. Any one of the following will disqualify an applicant from receiving or exercising a permit: a. A conviction of, or entry of a plea of guilty or nolo contendere by, the applicant or a representative of the applicant for a violation of the Lacey Act (16 USC § 3371 et seq.); the federal Migratory Bird Treaty Act (16 USC § 668 et seq.); the federal Bald and Golden Eagle Protection Act (16 USC § 668 et seq.); the federal Endangered Species Act (16 USC § 1531 et seq.); the Virginia Endangered Species Act (§ 29.1-563 et seq. of the Code of Virginia); or this chapter within the five-year period preceding the application, unless such disqualification has been expressly waived by the department in response to a request by the applicant. b. The failure to pay any required fees. c. The suspension of any other incidental take permit. The applicant is disqualified from receiving any additional incidental take permits as long as the suspension exists.¹³ 3. Fees. An application fee of $50 and a permit fee of $50 per year shall be due for each permit. The application fee shall be due at the time of application submittal, and no application shall be processed until the fee is received. The full amount of the permit fee shall be based on the default duration of the permit and is due at the time of certification if no approval is required. If the department's approval is required, the full amount of the permit fee is due upon approval or issuance of a permit. The fees will be deposited into the Nongame Cash Fund and used for the conservation and management of regulated bird species consistent with § 58.1-344.3 of the Code of Virginia. No refund of any fees paid shall be made if a permit application is denied or if a permit is terminated prior to the expiration date.¹⁴ 4. Permit renewal. Applications for renewal shall meet and comply with all requirements for permit application and be submitted at least 90 calendar days prior to the expiration of an existing permit.¹⁵ 5. Modifications to permits. Permits may be modified with the department's approval in accordance with the following: a. Applicant's request. Where circumstances have changed so that an applicant desires to have any condition of the permit modified, the applicant must submit a full written justification and supporting information to the department in conformity with the terms and conditions under which the permit was issued. b. Department determination. The department may amend any permit during its term where circumstances have changed such that amendments to the permit are deemed necessary by the department. In such instances, the department will notify the applicant in writing 60 calendar days in advance of the effective date of any amendment. The applicant shall have 30 calendar days to appeal the decision to the department director under the department's dispute resolution and administrative appeals procedures.¹⁶ 6. Transfer of permits and scope of permit authorization. a. Except as otherwise provided for in this subsection, permits issued under this part are not transferable or assignable. b. Permits may be transferred in whole or in part through a joint submission by the applicant and the proposed transferee, or, in the case of a deceased applicant, the deceased applicant's legal representative and the proposed transferee. The department will review the submission and approve the transfer provided that: (1) The proposed transferee meets all of the qualifications under this part for holding a permit; (2) The proposed transferee has provided adequate written assurances that it will implement the relevant terms and conditions of the permit; and (3) The proposed transferee has provided other information that the department determines is relevant to the processing of the submission. c. Except as otherwise stated on the face of the permit, any person who is under the direct control of the applicant or who is employed by or under contract to the applicant for purposes authorized by the permit may carry out the activity authorized by the permit. However, the applicant will remain responsible for ensuring compliance with all aspects of the permit.¹⁷ 7. Discontinuance of permit activity. When an applicant discontinues activities authorized by a permit, the applicant shall within 30 calendar days of the discontinuance notify the department of permit termination.¹⁸ 8. Permit inspections. The department shall have the right to perform inspections of a permitted activity to ensure compliance with permit conditions. Written, including electronic, or verbal notice of such inspection shall be given on a business day, and the inspection shall not occur no less than one and no more than five business days from the date of the notice, except when the department determines that an emergency inspection is necessary.¹⁹ 9. Permit suspension and revocation. a. Criteria for suspension. The privileges of exercising some or all of the permit authority may be suspended at any time if the applicant is not in compliance with the conditions of the permit, the sector-specific plan, or any applicable laws or regulations governing the conduct of the regulated activity. Such suspension shall remain in effect until the department determines that the applicant has corrected the deficiencies. b. Criteria for revocation. A permit may be revoked for any of the following reasons: (1) The applicant willfully violates any provision of the Virginia Endangered Species Act (§ 29.1-563 et seq. of the Code of Virginia); the federal Migratory Bird Treaty Act (16 USC § 703 et seq.); the federal Bald and Golden Eagle Protection Act (16 USC § 668 et seq.); the federal Endangered Species Act (16 USC § 1531 et seq.); or the conditions or a permit issued under those acts or this chapter; or (2) The applicant fails within 60 calendar days to correct deficiencies that were the cause of a permit suspension. c. Procedure for suspension and revocation. (1) The applicant shall be notified in writing of the suspension or revocation by certified or registered mail. This notice shall identify the permit to be suspended, the reasons for such suspension, and the actions necessary to correct the deficiencies and inform the applicant of the right to appeal the suspension. The department may amend any notice of suspension or revocation at any time. (2) The applicant shall be provided with an opportunity to appeal the suspension or revocation within 30 calendar days of mailing the suspension or revocation notice. Appeal may be requested by filing a written objection specifying the reasons the applicant objects to the suspension or revocation and may include supporting documentation. Amendment of a notice of suspension or revocation will allow the applicant another 30 calendar days to appeal the decision from the date of mailing notice of the amendment if they have not already initiated an appeal. (3) If at the end of 30 calendar days no appeal has been received by the department, a final order shall be issued suspending or revoking the permit. (4) If the applicant timely submits an appeal, an informal fact-finding proceeding will be held within 30 calendar days, or at the option of the department or the applicant, a formal hearing may be scheduled as soon as may be practicable. (5) Following an informal fact-finding proceeding or formal hearing, a final decision shall be made by the director within 30 calendar days of the informal fact-finding proceeding or receipt of a recommendation by any hearing officer.²⁰

Provision-Level Authorization Analysis

Provision 1

"A. Required general information. A permit application must contain the following..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad grant of authority allows the Board to establish necessary procedures, such as the requirement for specific information on permit applications, which are essential for effective regulation and management of wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations under the general framework provided by the statute, ensuring compliance and facilitating oversight in wildlife conservation efforts.

Provision 2

"2. Location of the regulated activity;"

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad language allows for the regulation of specific activities, such as the location of regulated activities, under the general framework established by the statute, resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife management while remaining within the scope of the authority granted by the statute.

Provision 3

"3. Certification in the following language: "I hereby certify that the informati..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and fish. This broad grant of authority allows for the establishment of necessary procedural requirements, such as certification of information accuracy in applications, which supports the effective implementation of the Board's regulatory framework. The legal significance of this relationship is that it enables the Board to ensure compliance and accountability in the management of wildlife resources, thereby fulfilling its statutory mandate.

Provision 4

"4. Desired effective date of the permit except where issuance date is fixed by t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the desired effective date of permits, as it falls within the Board's responsibility to manage and regulate activities associated with wildlife. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations flexibly and responsively, ensuring effective management of wildlife resources under its jurisdiction.

Provision 5

"5. Desired duration of the permit, if less than the default term for the sector-..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish regulations that address various aspects of wildlife management, including the duration of permits, which is reflected in the regulation concerning the desired duration of permits for incidental take. The legal significance of this authorization relationship is that it enables the Board to exercise discretion in managing wildlife resources effectively while ensuring compliance with overarching statutory mandates.

Provision 6

"6. Date of application;"

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting, taking, and possession of wild birds and animals. This broad grant of authority allows for the establishment of regulations that can address procedural elements, such as application dates, which are necessary for the effective implementation of the statutory provisions. The legal significance of this relationship is that it enables the Board to create detailed regulations under a general framework, ensuring that wildlife management is conducted in an organized and efficient manner.

Provision 7

"7. Signature or electronic signature of the applicant; and"

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild animals. This broad grant of authority allows the Board to establish necessary procedural requirements, such as the inclusion of a signature or electronic signature of the applicant, to ensure compliance and accountability in the regulation of wildlife activities. The legal significance of this authorization relationship is that it enables the Board to implement detailed regulations that facilitate the effective management and oversight of wildlife resources, reflecting the intent of the statute to provide comprehensive regulatory oversight.

Provision 8

"8. Such other information or documentation as may be required by the applicable ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad language allows the Board to establish regulations that encompass necessary documentation or information requirements, such as those stated in the regulation regarding sector-specific plans. The legal significance of this relationship is that it enables the Board to effectively manage wildlife resources by ensuring that all relevant information is considered, thus supporting the overarching goals of conservation and regulation.

Provision 9

"B. Administrative procedures. 1. The department shall determine the completeness..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad grant of authority allows the Board to establish administrative procedures, such as determining the completeness of applications, which falls under the general framework of managing wildlife regulations. The legal significance of this relationship is that it enables the Board to implement necessary operational procedures to effectively enforce and administer the regulations, ensuring compliance and facilitating the regulatory process.

Provision 10

"2. During the review period, the application shall be approved or disapproved, a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the establishment of procedures, such as the approval or disapproval of applications, which are necessary for the effective management and regulation of wildlife resources. The legal significance of this authorization relationship is that it enables the Board to implement detailed regulatory processes under a general delegation of authority, ensuring that the management of wildlife is conducted in an organized and transparent manner.

Provision 11

"3. Upon approval of an application for an individual incidental take permit, the..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation, as it pertains to the issuance of permits for the incidental take of wildlife, which falls under the Board's regulatory scope regarding the management and protection of these species. The legal significance of this authorization relationship is that it allows the agency to implement necessary procedures and conditions for wildlife management while ensuring compliance with statutory mandates, thereby facilitating effective regulation within the established framework.

Provision 12

"C. Permit issuance. 1. Denial. The department shall not issue a permit if: a. Th..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation's provisions on permit issuance and denial, as it allows the agency to establish criteria for evaluating applicants and ensuring compliance with statutory requirements. The legal significance of this authorization relationship is that it enables the agency to implement necessary measures to manage wildlife resources effectively while maintaining public safety and conservation efforts.

Provision 13

"2. Disqualifying factors. The department will provide written notice of any know..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding disqualifying factors for permit applicants, as it falls within the realm of managing the possession and regulation of wildlife-related activities. The legal significance of this authorization relationship is that it allows the Board to establish necessary criteria to ensure that individuals engaging in these activities meet certain standards, thereby promoting responsible wildlife management and public safety.

CROSS-REFERENCE § 29.1-563

Referenced in regulation context: § 29.1-563 et seq. of the Code of Virginia

Provision 14

"3. Fees. An application fee of $50 and a permit fee of $50 per year shall be due..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning fees for permits, as it falls within the Board's responsibility to manage and regulate activities associated with wildlife. The legal significance of this authorization relationship is that it allows the Board to establish necessary fees to support the regulatory framework, ensuring effective management and oversight of wildlife resources.

CROSS-REFERENCE § 58.1-344.3

Referenced in regulation context: § 58.1-344.3 of the Code of Virginia

Provision 15

"4. Permit renewal. Applications for renewal shall meet and comply with all requi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, animals, and inland water fish. This broad grant of authority encompasses the regulation regarding permit renewal, as it pertains to the management and oversight of activities involving wildlife, ensuring compliance with established requirements. The legal significance of this relationship is that it allows the Board to implement necessary procedures for permit management, thereby facilitating effective wildlife regulation and conservation efforts.

Provision 16

"5. Modifications to permits. Permits may be modified with the department's appro..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad language allows for the establishment of regulations that can adapt to changing circumstances, such as the modification of permits, thereby justifying a GENERAL_DELEGATION as it encompasses the need for flexibility in managing wildlife-related permits. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulatory changes efficiently while ensuring compliance with overarching statutory mandates.

Provision 17

"6. Transfer of permits and scope of permit authorization. a. Except as otherwise..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the transfer of permits, as it directly relates to the possession and management of wildlife resources under the Board's jurisdiction. The legal significance of this authorization relationship is that it allows the Board to establish detailed operational procedures, such as permit transfers, which are necessary for effective regulation and management of wildlife activities.

Provision 18

"7. Discontinuance of permit activity. When an applicant discontinues activities ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the discontinuance of permit activity, as it pertains to the management and oversight of activities associated with the possession and use of wildlife permits. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure compliance and proper management of wildlife resources, reflecting the intent of the statute to regulate various aspects of wildlife interaction.

Provision 19

"8. Permit inspections. The department shall have the right to perform inspection..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation regarding permit inspections, as ensuring compliance with permit conditions is essential to the effective management and oversight of activities related to wildlife and fish. The legal significance of this authorization relationship is that it allows the Board to implement necessary oversight measures to enforce compliance and protect wildlife resources under its jurisdiction.

Provision 20

"9. Permit suspension and revocation. a. Criteria for suspension. The privileges ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning permit suspension and revocation, as it directly relates to the enforcement of compliance with the conditions of permits that govern the activities outlined in the statute. The legal significance of this authorization relationship is that it allows the Board to ensure adherence to regulations and maintain the integrity of wildlife management practices through the ability to suspend or revoke permits as necessary.

CROSS-REFERENCE § 29.1-563

Referenced in regulation context: § 29.1-563 et seq. of the Code of Virginia

Birds: Incidental Take of Bird Species

4VAC15-35-90

Express

General

Overreach

Unauthorized

Requirements

Any person who will undertake multiple regulated activities requiring a permit may biennially submit a single set of standards and specifications for department approval that describes how covered regulated activities shall be conducted. 1.¹ Such standards and specifications shall be consistent with the requirements of this chapter and the applicable sector-specific plans.² Each project constructed for which a permit is required shall obtain such permit by filing a permit application referencing the approved standards and specifications and paying the fee applicable under 4VAC15-35-80 C 3 prior to the commencement of the regulated activity.³ The standards and specifications shall include: a.⁴ A reference to which sector-specific plans are addressed by the standards and specifications; b.⁵ A description of the regulated activities that the applicant intends to be addressed by the standards and specifications, and, if applicable, any other regulated activities that the applicant intends to conduct that will not utilize the standards and specifications; c.⁶ Information satisfactory to the department demonstrating how regulated activities conducted under the standards and specifications will meet the requirements of the applicable sector-specific plans, together with a copy of any reference materials cited by the standards and specifications; and d.⁷ Implementation by the applicant of a regulated activity tracking system of all regulated activities conducted under the standards and specification, together with a permittee self-monitoring program that will ensure compliance with the standards and specifications. 2.⁸ Such standards and specification may be utilized following department approval.⁹ Utilization of approved standards and specification shall not affect the department's authority to perform inspections of regulated activities addressed by the standards and specifications.¹⁰ Noncompliance with the approved standards and specifications shall have the same effect as noncompliance with the requirements of the applicable sector-specific plan for purposes of permit modification, suspension, or revocation under this section.¹¹

Provision-Level Authorization Analysis

Provision 1

"Any person who will undertake multiple regulated activities requiring a permit m..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the regulation to encompass a variety of activities, including the submission of a single set of standards for multiple regulated activities, thereby facilitating compliance and efficiency in the permitting process. The legal significance of this relationship is that it enables the Board to implement flexible and comprehensive regulatory frameworks that can adapt to the needs of various stakeholders while remaining within the scope of its statutory authority.

Provision 2

"Such standards and specifications shall be consistent with the requirements of t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of managing wild birds, animals, and inland water fish, including their hunting, possession, and transportation. This broad grant of authority allows the Board to establish standards and specifications that align with the overarching goals of wildlife management, resulting in GENERAL_DELEGATION because the regulation falls within the scope of the Board's regulatory powers as outlined in the statute. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure effective management and conservation of wildlife resources, while still adhering to the foundational principles set forth in the statute.

Provision 3

"Each project constructed for which a permit is required shall obtain such permit..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation requiring permits for projects, as it directly relates to the management and oversight of activities involving wildlife, ensuring that such activities comply with established standards and specifications. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulatory measures to protect wildlife while providing a framework for the permitting process, thereby facilitating compliance and enforcement.

Provision 4

"The standards and specifications shall include: a."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including hunting, taking, and possession of wild birds and animals. This broad language allows for the establishment of detailed standards and specifications necessary for effective regulation, which aligns with the need for GENERAL_DELEGATION to ensure flexibility in addressing specific wildlife management issues. The legal significance of this relationship is that it empowers the Board to implement comprehensive regulations that can adapt to changing circumstances in wildlife conservation and management without requiring further legislative action.

Provision 5

"A reference to which sector-specific plans are addressed by the standards and sp..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the establishment of regulations that can encompass various aspects of wildlife management, including sector-specific plans that align with the overarching goals of conservation and regulation of wildlife resources. The legal significance of this authorization relationship is that it enables the Board to adapt and implement regulations that are necessary for effective wildlife management without needing to seek further specific legislative approval for each regulation.

Provision 6

"A description of the regulated activities that the applicant intends to be addre..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad language allows for GENERAL_DELEGATION because it encompasses a wide range of activities and permits the Board to establish standards and specifications that address the diverse needs of applicants regarding their regulated activities. The legal significance of this authorization relationship is that it empowers the Board to create flexible and comprehensive regulations that can adapt to the evolving circumstances of wildlife management without requiring further legislative approval for each specific regulation.

Provision 7

"Information satisfactory to the department demonstrating how regulated activitie..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including the hunting, taking, and transportation of wild birds and animals. This broad language allows for a wide range of regulatory activities, including the requirement for information that demonstrates compliance with established standards, which aligns with the overarching goal of managing wildlife resources effectively. The legal significance of this authorization relationship is that it enables the Board to implement detailed regulations necessary for the practical enforcement and administration of wildlife management, reflecting the legislative intent to provide comprehensive oversight.

Provision 8

"Implementation by the applicant of a regulated activity tracking system of all r..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various activities concerning wild birds, wild animals, and inland water fish, including their capture, possession, and transportation. This broad grant of authority encompasses the regulation's requirement for a tracking system and self-monitoring program, as these measures are essential for ensuring compliance with the standards and specifications governing the regulated activities. The legal significance of this authorization relationship is that it allows the Board to implement necessary oversight mechanisms to effectively manage and regulate wildlife resources, thereby promoting conservation and responsible use.

Provision 9

"Such standards and specification may be utilized following department approval."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and transportation of wild birds and animals. This broad grant of authority allows for the establishment of standards and specifications, as indicated in the regulation, which can be implemented following department approval, thereby aligning with the general delegation of regulatory power. The legal significance of this relationship is that it enables the Board to create detailed and adaptive regulations necessary for effective wildlife management while remaining within the framework established by the statute.

Provision 10

"Utilization of approved standards and specification shall not affect the departm..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the regulation to encompass the department's ability to perform inspections of regulated activities, as it falls within the general scope of managing wildlife and ensuring compliance with established standards. The legal significance of this authorization relationship is that it provides the Board with the flexibility to implement necessary oversight measures while maintaining compliance with the overarching statutory framework.

Provision 11

"Noncompliance with the approved standards and specifications shall have the same..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish standards and specifications that ensure compliance with the overarching regulatory framework, thereby justifying the application of GENERAL_DELEGATION to the regulation concerning noncompliance and its implications for permit modification, suspension, or revocation. The legal significance of this relationship is that it empowers the Board to enforce compliance with its regulations, ensuring the effective management and conservation of wildlife resources under its jurisdiction.

Birds: Incidental Take of Bird Species

4VAC15-35-100

Express

General

Overreach

Unauthorized

Requirements

Administrative permit actions, including modification, suspension, and revocation, shall be addressed according to the department's dispute resolution and administrative appeals procedures.¹ Any person conducting a regulated activity for which a permit is required by this chapter without such permit, including where a regulated activity has commenced without a permit or continued after permit suspension or revocation, shall be guilty of a Class 3 misdemeanor as specified by § 29.1-505 of the Code of Virginia.²

Provision-Level Authorization Analysis

Provision 1

"Administrative permit actions, including modification, suspension, and revocatio..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking, possession, and transportation of wild birds and animals. This broad grant of authority allows for the establishment of administrative procedures, such as those for permit actions, to ensure effective regulation and management of wildlife resources, resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create necessary administrative frameworks that support the enforcement and implementation of wildlife regulations under the overarching authority provided by the statute.

ADDITIONAL AUTHORITY § 29.1-505

Provision 2

"Any person conducting a regulated activity for which a permit is required by thi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that include penalties for non-compliance with permit requirements, thereby encompassing the regulation's stipulation regarding the consequences of conducting regulated activities without a permit. The legal significance of this authorization relationship is that it empowers the Board to enforce compliance and maintain order in the management of wildlife resources, ensuring that all regulated activities are conducted within the framework established by the statute.

ADDITIONAL AUTHORITY § 29.1-505

Game: In General

4VAC15-40-20

Express

General

Overreach

Unauthorized

Requirements

Bow and arrow" means a weapon made of a strip of flexible material, which, when bent by drawing a string or cable connecting the two ends, uses the energy stored in the flexible material to propel an arrow.¹ B. "Crossbow" means a bow and arrow mounted horizontally on a stock having a trigger mechanism to release the string.² C. "Archery equipment" means a bow and arrow or a crossbow.³ D. Arrows used for hunting bear, deer, elk, and turkey must have a minimum head width of 7/8 inch in a fixed or expanded position.⁴ E. Except as otherwise provided by law or regulation, it shall be unlawful to use arrows to which any drug, chemical or toxic substance has been added or arrows with explosive heads at any time for the purpose of hunting wild birds or wild animals.⁵

Provision-Level Authorization Analysis

Provision 1

"Bow and arrow" means a weapon made of a strip of flexible material, which, when ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting and taking of wild animals. This broad grant of authority encompasses the regulation defining "bow and arrow," as it pertains to the tools and methods used for hunting, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to establish detailed regulations necessary for the effective management and conservation of wildlife, ensuring that the methods of hunting align with the overarching statutory framework.

Provision 2

"B. "Crossbow" means a bow and arrow mounted horizontally on a stock having a tri..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation defining "crossbow," as it pertains to the equipment used in hunting, which falls under the Board's regulatory purview for managing hunting practices. The legal significance of this authorization relationship is that it allows the Board to establish necessary definitions and guidelines that support the effective implementation of hunting regulations, ensuring clarity and compliance within the scope of their authority.

Provision 3

"C. "Archery equipment" means a bow and arrow or a crossbow."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the definition and regulation of equipment used in hunting, which is why the regulation defining "archery equipment" falls under GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to create detailed regulations necessary for effective wildlife management without needing specific legislative approval for each individual regulation.

Provision 4

"D. Arrows used for hunting bear, deer, elk, and turkey must have a minimum head ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the specifications for arrows used in hunting, as it directly pertains to the methods and means of hunting wild animals. The legal significance of this authorization relationship is that it allows the Board to establish detailed regulations necessary for the effective management and conservation of wildlife, ensuring that hunting practices align with the overarching goals of wildlife protection and public safety.

Provision 5

"E. Except as otherwise provided by law or regulation, it shall be unlawful to us..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad grant of authority encompasses the regulation prohibiting the use of drugged or explosive arrows for hunting, as it directly pertains to the methods of taking wild birds and animals, ensuring safety and ethical practices in hunting. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to manage wildlife resources effectively and protect both the animals and the public.

Game: In General

4VAC15-40-22

Express

General

Overreach

Unauthorized

Requirements

Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"Code of Virginia."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for a wide range of regulatory actions that can adapt to various circumstances and needs in wildlife management, resulting in GENERAL_DELEGATION as it empowers the Board to implement comprehensive rules under its jurisdiction. The legal significance of this authorization relationship is that it provides the Board with the flexibility to address diverse issues related to wildlife, ensuring effective governance and conservation efforts.

Game: In General

4VAC15-40-30

Express

General

Overreach

Unauthorized

Requirements

Recorded wild animal or wild bird calls or sounds prohibited in taking game; bobcats, coyotes, crows, foxed, and raccoons excepted.¹ It shall be unlawful to take or attempt to take wild animals and wild birds with the exception of bobcats, coyotes, crows, foxes, and raccoons by the use or aid of recorded animal or bird calls or sounds or recorded or electrically amplified imitation of animal or bird calls or sounds; provided, that electronic calls may be used on private lands for hunting bobcats, coyotes, foxes, and raccoons with written permission of the landowner and on public lands except where specifically prohibited.²

Provision-Level Authorization Analysis

Provision 1

"Recorded wild animal or wild bird calls or sounds prohibited in taking game; bob..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language allows the Board to regulate various aspects of wildlife management, including the use of recorded calls or sounds in hunting, which is addressed in the regulation. The legal significance of this authorization relationship is that it empowers the Board to create specific rules that ensure sustainable wildlife practices while remaining within the framework established by the statute.

Provision 2

"It shall be unlawful to take or attempt to take wild animals and wild birds with..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the power to confer duties upon the Director and revise fees for licenses. This broad grant of authority allows the Board to regulate hunting practices, such as the prohibition on using recorded calls for certain wild animals, as it falls within the scope of managing wildlife and ensuring sound wildlife management. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that promote conservation and public safety, reflecting the legislative intent to provide flexibility in wildlife management practices.

Game: In General

4VAC15-40-40

Express

General

Overreach

Unauthorized

Requirements

Game birds and game animals shall not be taken by the use or aid of live birds or animals as decoys.¹

Provision-Level Authorization Analysis

Provision 1

"Game birds and game animals shall not be taken by the use or aid of live birds o..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to regulate various aspects of wildlife management, including the methods used for hunting, which encompasses the prohibition against using live birds or animals as decoys. The legal significance of this authorization relationship is that it empowers the Board to establish comprehensive rules that ensure sustainable wildlife practices and protect the integrity of hunting activities.

Game: In General

4VAC15-40-50

Express

General

Overreach

Unauthorized

Requirements

Poisoning of wild birds and wild animals prohibited; certain control programs excepted.¹ It shall be unlawful to put out poison at any time for the purpose of killing any wild birds and wild animals, provided that rats and mice may be poisoned on one's own property.² The provisions of this section shall not apply to the Commissioner of Agriculture and Consumer Services, the United States Department of Agriculture, or their representatives or cooperators, and those being assisted in a control program authorized by those agencies.³

Provision-Level Authorization Analysis

Provision 1

"Poisoning of wild birds and wild animals prohibited; certain control programs ex..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language encompasses the prohibition of poisoning wild birds and animals, as it falls within the realm of regulating their capture and killing, thereby justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to implement necessary regulations to protect wildlife while maintaining flexibility in managing various aspects of wildlife conservation and control.

Provision 2

"It shall be unlawful to put out poison at any time for the purpose of killing an..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language encompasses the regulation prohibiting the use of poison for killing wild birds and animals, as it directly relates to the killing and capture of these species, thereby justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to implement necessary measures to protect wildlife, ensuring that regulations can adapt to changing circumstances while remaining within the scope of the statutory authority.

Provision 3

"The provisions of this section shall not apply to the Commissioner of Agricultur..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the regulation to exempt certain entities, such as the Commissioner of Agriculture and Consumer Services and the United States Department of Agriculture, as their activities may fall outside the typical scope of hunting and wildlife management, thus justifying GENERAL_DELEGATION. The legal significance of this relationship is that it enables the Board to establish regulations that accommodate the roles of other agencies while maintaining overarching control over wildlife management practices.

Game: In General

4VAC15-40-60

Express

General

Overreach

Unauthorized

Requirements

the purpose of this section, the word "possession" shall include having any firearm or weapon used for hunting in or on one's person, vehicle, or conveyance.¹ For the purpose of this section, a "loaded firearm" means a firearm in which ammunition is chambered or loaded in the magazine or clip when such magazine or clip is engaged or partially engaged in a firearm.² The definition of a "loaded muzzleloader" will include a muzzleloading rifle, pistol, or shotgun that is capped, has a charged pan, or has a primer or battery installed in the muzzleloader.³ A "loaded crossbow" means a crossbow that is cocked and has either a bolt or arrow engaged or partially engaged on the shooting rail or track of the crossbow, or with a "trackless crossbow" when the crossbow is cocked and a bolt or arrow is nocked. "Loaded arrowgun" means an arrowgun that has an arrow or bolt inserted on the arrow rest or in the barrel. "Hunting weapon" means any weapon allowable for hunting as defined in § 29.1-519 of the Code of Virginia.⁴

Provision-Level Authorization Analysis

Provision 1

"the purpose of this section, the word "possession" shall include having any fire..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the possession of wild birds, wild animals, and inland water fish, which includes various aspects of hunting and related activities. This broad grant of authority allows the regulation to define "possession" in a way that encompasses firearms or weapons used for hunting, thereby ensuring compliance with the overarching statutory framework. The legal significance of this authorization relationship is that it empowers the Board to establish necessary regulations that facilitate the effective management and enforcement of hunting laws, thereby promoting wildlife conservation and public safety.

EXCEPTION § 18.2-308

Title 18.2. Crimes and Offenses Generally › Chapter 7. Crimes Involving Health and Safety › Article 6.1. Concealed Weapons and Concealed Handgun Permits › § 18.2-308. Carrying concealed weapons; exceptions; penalty A. If any person carries about his person, hidden from common observation, (i) any pi...

Provision 2

"For the purpose of this section, a "loaded firearm" means a firearm in which amm..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation defining "loaded firearm" as it pertains to the safe and lawful hunting and handling of wildlife, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to establish necessary safety definitions and standards that support the overarching goals of wildlife management and conservation.

EXCEPTION § 18.2-308

Provision 3

"The definition of a "loaded muzzleloader" will include a muzzleloading rifle, pi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of definitions and standards necessary for the effective management and regulation of hunting practices, which includes defining what constitutes a "loaded muzzleloader." The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure safety and compliance in hunting activities, reflecting the intent of the statute to regulate wildlife management comprehensively.

EXCEPTION § 18.2-308

Provision 4

"A "loaded crossbow" means a crossbow that is cocked and has either a bolt or arr..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's definitions of "loaded crossbow" and "loaded arrowgun" as they pertain to the methods and equipment used in hunting, which directly relates to the agency's mandate to regulate hunting practices. The legal significance of this authorization relationship is that it allows the Board to establish detailed regulations that ensure safe and responsible hunting practices, thereby fulfilling its statutory responsibilities.

CROSS-REFERENCE § 29.1-519

Referenced in regulation context: § 29.1-519 of the Code of Virginia

EXCEPTION § 18.2-308

Game: In General

4VAC15-40-70

Express

General

Overreach

Unauthorized

Requirements

A. Private lands and certain military areas. It shall be lawful to train dogs during daylight hours on squirrels and nonmigratory game birds on private lands, and on rabbits and nonmigratory game birds on Fort A. P. Hill, Fort Pickett, and Quantico Marine Reservation. Participants in this dog training season shall not have any weapons other than starter pistols in their possession, must comply with all regulations and laws pertaining to hunting, and no game shall be taken; provided, however, that weapons may be in possession on private lands when training dogs on captive raised and properly marked mallards and pigeons so that they may be immediately shot or recovered.¹ B. It shall be lawful to train dogs on rabbits on private lands from 1/2 hour before sunrise to midnight.² C. Designated portions of certain department-owned lands. It shall be lawful to train dogs on quail on designated portions of the Amelia Wildlife Management Area, Cavalier Wildlife Management Area, Chester F. Phelps Wildlife Management Area, Chickahominy Wildlife Management Area, Dick Cross Wildlife Management Area, Mattaponi Wildlife Management Area, and White Oak Mountain Wildlife Management Area from September 1 to the day prior to the opening date of the quail hunting season, both dates inclusive. Participants in this dog training season shall not have any weapons other than starter pistols in their possession, shall not release pen-raised birds, must comply with all regulations and laws pertaining to hunting, and no game shall be taken.³ D. Designated department-owned lands. It shall be lawful to train dogs during daylight hours on rabbits and nonmigratory game birds on the Weston Wildlife Management Area from September 1 to March 31, both dates inclusive. Participants in this dog training season shall not have any weapons other than starter pistols in their possession, shall not release pen-raised birds, must comply with all regulations and laws pertaining to hunting, and no game shall be taken.⁴

Provision-Level Authorization Analysis

Provision 1

"A. Private lands and certain military areas. It shall be lawful to train dogs du..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals, as well as inland water fish. This broad language encompasses various activities associated with wildlife management, including the training of dogs on private lands and military areas, thereby justifying the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to implement specific rules that facilitate wildlife management practices without needing further legislative approval, ensuring effective and timely regulation of wildlife activities.

CROSS-REFERENCE § 6-1

Provision 2

"B. It shall be lawful to train dogs on rabbits on private lands from 1/2 hour be..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, and training of wild animals, which includes activities such as the training of dogs. This broad language encompasses various aspects of wildlife management and allows for regulations that facilitate specific practices, such as training dogs on rabbits, under the general framework of wildlife regulation. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure the sustainable and responsible management of wildlife activities without needing further legislative approval for each specific regulation.

CROSS-REFERENCE § 6-1

Provision 3

"C. Designated portions of certain department-owned lands. It shall be lawful to ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various activities associated with wildlife management, allowing for the establishment of specific regulations, such as those pertaining to designated areas for training dogs on quail. The legal significance of this relationship is that it enables the Board to implement detailed regulations that support wildlife conservation and management objectives within the framework of the authority granted by the statute.

CROSS-REFERENCE § 6-1

Provision 4

"D. Designated department-owned lands. It shall be lawful to train dogs during da..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the training of dogs on designated department-owned lands, as it relates to the management and use of wildlife resources within the specified timeframe. The legal significance of this authorization relationship is that it allows the Board to create rules that facilitate wildlife management practices while ensuring compliance with the overarching statutory framework.

CROSS-REFERENCE § 6-1

Game: In General

4VAC15-40-100

Express

General

Overreach

Unauthorized

Requirements

River within a radius of 1,000 yards contiguous to that is hereby declared a waterfowl refuge for the purpose of developing a feeding and resting area for such birds.¹

Provision-Level Authorization Analysis

Provision 1

"River within a radius of 1,000 yards contiguous to that is hereby declared a wat..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses the regulation that designates a waterfowl refuge, as it pertains to the protection and management of wild birds, thereby allowing for the establishment of areas that support their feeding and resting needs. The legal significance of this authorization relationship is that it enables the Board to implement necessary measures for wildlife conservation and management without requiring specific legislative approval for each regulation.

Game: In General

4VAC15-40-110

Express

General

Overreach

Unauthorized

Requirements

Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"Code of Virginia."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for a wide range of regulatory actions, which aligns with the regulation's requirements regarding the management and oversight of wildlife-related activities, thus resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create comprehensive regulations that address various aspects of wildlife management without needing further specific legislative approval for each regulatory action.

Game: In General

4VAC15-40-120

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to have in possession at any time a gun which is not unloaded and cased or dismantled on that portion of the Hog Island Wildlife Management Area bordering on the James River and lying north of the Surry Nuclear Power Plant, except while hunting deer or waterfowl in conformity with a special permit issued by the department.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to have in possession at any time a gun which is not unload..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

The Department to enforce and administer the provisions of this chapter The Board shall make such rules and regulations as it deems necessary and proper for the effective administration of this chapter

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter and empowers the Board to make rules and regulations deemed necessary for effective administration. This broad language allows for the creation of regulations that address specific circumstances, such as the possession of firearms in designated wildlife management areas, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it permits the agency to establish detailed regulations that enhance the enforcement of the statutory provisions without requiring further legislative action.

Game: In General

4VAC15-40-130

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to hunt, pursue, or disturb waterfowl in the public waters within 1,000 yards adjacent to the Lands End Waterfowl Management Area located adjacent to the Rappahannock River in King George County, provided that this section shall not abridge the privileges prescribed for landowners, and their lessees and permittees, in §§ 29.1-344 and 29.1-347 of the Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to hunt, pursue, or disturb waterfowl in the public waters..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses various aspects of wildlife management, including the regulation of activities such as hunting and pursuing waterfowl, thereby justifying the regulation's establishment under GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to implement specific measures to protect wildlife and manage public resources effectively without requiring further legislative approval for each regulation.

CROSS-REFERENCE § 29.1-347

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 3. Licenses › Article 2. Licenses for Waterfowl Blinds and for Hunting Waterfowl › § 29.1-347. Renewing licenses The holders of licenses first issued under this article may renew the same privileges each succeeding year by licensing within...

EXCEPTION § 29.1-344

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 3. Licenses › Article 2. Licenses for Waterfowl Blinds and for Hunting Waterfowl › § 29.1-344. (Effective January 1, 2025) Stationary blinds on shore and in the public waters for owners of riparian rights This section has more than one ver...

Game: In General

4VAC15-40-140

Express

General

Overreach

Unauthorized

Requirements

Island and certain waters of the Gaston Reservoir.¹ It shall be unlawful to hunt or have in one's possession a loaded gun on Buggs Island or to shoot over or have a loaded gun upon the water on Gaston Reservoir (Roanoke River) from a point beginning at High Rock and extending to the John H.²

Provision-Level Authorization Analysis

Provision 1

"Island and certain waters of the Gaston Reservoir."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of specific areas and waters, such as the Island and certain waters of the Gaston Reservoir, under the general authority to manage wildlife resources effectively. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for the conservation and management of wildlife, ensuring that specific local conditions and needs can be addressed without requiring further legislative action.

Provision 2

"It shall be unlawful to hunt or have in one's possession a loaded gun on Buggs I..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish regulations that ensure safety and conservation in areas where hunting occurs, such as prohibiting loaded guns in specific locations to prevent accidents and protect wildlife. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations that address public safety and environmental concerns within the scope of its statutory authority.

Game: In General

4VAC15-40-160

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to willfully molest, damage or remove any trap, or any lawfully caught bird or animal therefrom, or in any way disturb traps or snares legally set by another person.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to willfully molest, damage or remove any trap, or any lawf..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the unlawful molestation or disturbance of traps and snares, as it directly pertains to the protection of wildlife and the regulation of activities surrounding their capture and possession. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to ensure the integrity of wildlife management practices, thereby promoting conservation and responsible use of natural resources.

Game: In General

4VAC15-40-170

Express

General

Overreach

Unauthorized

Requirements

Any person setting or in possession of a steel foothold or body gripping trap or snare shall have it marked by means of a nonferrous metal tag bearing the name and address of the trapper or an identification number issued by the department.¹ This requirement shall not apply to landowners on their own land, nor to a bona fide tenant or lessee within the bounds of land rented or leased by him, nor to anyone transporting any such trap from its place of purchase.²

Provision-Level Authorization Analysis

Provision 1

"Any person setting or in possession of a steel foothold or body gripping trap o..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation requiring traps to be marked, as it directly pertains to the capture and possession of wild animals, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to ensure responsible trapping practices, thereby promoting wildlife conservation and management.

Provision 2

"This requirement shall not apply to landowners on their own land, nor to a bona ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including the hunting, taking, and transportation of wild birds and animals. This broad language allows for the establishment of specific exemptions, such as those outlined in the regulation, which clarifies the application of the rules to landowners and tenants, thereby fitting within the general authority provided by the statute. The legal significance of this relationship is that it enables the Board to effectively manage wildlife regulations while accommodating practical considerations for individuals directly involved in land use and wildlife interaction.

Game: In General

4VAC15-40-190

Express

General

Overreach

Unauthorized

Requirements

Restricted use of body-gripping traps in excess of 7-1/2 inches.¹ The use of body-gripping traps with a jaw spread in excess of 7-1/2 inches is prohibited except when such traps are at least half submerged by water.²

Provision-Level Authorization Analysis

Provision 1

"Restricted use of body-gripping traps in excess of 7-1/2 inches."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the regulation of trapping methods, which aligns with the regulation concerning the restricted use of body-gripping traps. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to ensure wildlife conservation and public safety without needing further specific legislative approval.

Provision 2

"The use of body-gripping traps with a jaw spread in excess of 7-1/2 inches is pr..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to regulate methods of capture, such as the use of body-gripping traps, ensuring that the regulation aligns with the overarching goal of wildlife management and conservation. The legal significance of this authorization relationship is that it empowers the Board to implement specific measures to protect wildlife, reflecting the statute's intent to provide comprehensive oversight of wildlife-related activities.

Game: In General

4VAC15-40-195

Express

General

Overreach

Unauthorized

Requirements

A. Except as provided in subsections B and C of this section, it shall be unlawful to fail to visit all traps once each day and remove all animals caught.¹ B. Body-gripping traps that are completely submerged by water must be visited at least once every 72 hours.² C. Remote trap checking systems may be used in lieu of a physical trap visit when such systems (i) have a control unit or remote camera that reports trap status to a centralized application at least once every 24 hours; (ii) provide notifications of trap closures or activity at the trap site and system health issues within one hour of detection via email or text-based messaging systems; and (iii) have on-demand capabilities for determining signal strength and battery condition via remote system check-in. If the control unit reports a trap closure or the camera sends a photo with an animal in a trap, the user is required to physically visit the trap within 24 hours of the time the trap was reported closed or the photo was received. If the control unit or camera fails to report its current status within a 24-hour check-in period or reports a system health issue, the user is required to physically check the trap within 24 hours of the last communication with the device.³

Provision-Level Authorization Analysis

Provision 1

"A. Except as provided in subsections B and C of this section, it shall be unlawf..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's requirement for the daily visitation of traps and the removal of animals, as it pertains to the capture and treatment of wild animals, ensuring humane practices in line with the Board's regulatory responsibilities. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to manage wildlife effectively while adhering to the overarching statutory framework.

Provision 2

"B. Body-gripping traps that are completely submerged by water must be visited at..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the use of traps, which justifies the regulation's requirement for the frequency of visits to submerged body-gripping traps. The legal significance of this authorization relationship is that it allows the Board to establish detailed operational standards necessary for the effective management and conservation of wildlife, reflecting the intent of the statute to ensure responsible practices in wildlife handling.

Provision 3

"C. Remote trap checking systems may be used in lieu of a physical trap visit whe..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various methods and technologies that can be employed in the management and monitoring of wildlife, including the use of remote trap checking systems, which align with the regulation's focus on efficient and effective wildlife management practices. The legal significance of this authorization relationship is that it allows the Board to implement innovative regulatory measures that enhance wildlife conservation efforts while remaining within the scope of the authority granted by the statute.

Game: In General

4VAC15-40-200

Express

General

Overreach

Unauthorized

Requirements

Restricted use of above ground body-gripping traps in excess of five inches.¹ It shall be unlawful to set above the ground any body-gripping trap with a jaw spread in excess of five inches when using any bait, lure, or scent; provided, that baited body gripping traps with a jaw spread up to 7-1/2 inches may be used when the trap is within an enclosure with openings no greater than 60 square inches and the trap trigger is recessed at least 12 inches from all openings; provided further that such traps must be staked to prevent them from turning over and may only be used on private lands with written permission of the landowner.²

Provision-Level Authorization Analysis

Provision 1

"Restricted use of above ground body-gripping traps in excess of five inches."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities and methods associated with wildlife management, allowing for the regulation of specific practices such as the restricted use of above ground body-gripping traps. The legal significance of this authorization relationship is that it enables the Board to implement necessary regulations to ensure the responsible management and conservation of wildlife, reflecting the intent of the statute to provide comprehensive oversight in these areas.

Provision 2

"It shall be unlawful to set above the ground any body-gripping trap with a jaw s..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities and methods associated with wildlife management, allowing for the regulation of specific practices, such as the use of body-gripping traps, to ensure responsible and sustainable use of wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that address specific wildlife management concerns while remaining within the overarching framework established by the statute.

Game: In General

4VAC15-40-210

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to set on land any steel foothold trap with teeth set upon the jaws or with a maximum inside jaw spread exceeding 6-1/2 inches measured perpendicular to the hinges.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to set on land any steel foothold trap with teeth set upon..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the use of steel foothold traps, as it directly relates to the capture and taking of wild animals, thus justifying the application of GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure the humane treatment of wildlife and the sustainable management of animal populations without requiring specific legislative approval for each regulation.

Game: In General

4VAC15-40-220

Express

General

Overreach

Unauthorized

Requirements

Use of deadfalls prohibited; restricted use of snares.¹ It shall be unlawful to trap, or attempt to trap, on land any wild bird or wild animal with any deadfall or snare; provided that snares with loops no more than 38 inches in circumference and with the bottom of the snare loop set not to exceed 12 inches above ground level may be used with the written permission of the landowner.² Snares with the top of the snare loop set higher than 12 inches above ground level must include a single-piece lock that is not power assisted, a cable stop that prevents the snare loop from closing smaller than 2-1/2 inches in diameter, and a break-away device that has been tested to break or disassemble at no more than 285 pounds pull.³

Provision-Level Authorization Analysis

Provision 1

"Use of deadfalls prohibited; restricted use of snares."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of regulations that ensure the humane and sustainable management of wildlife, which encompasses prohibitions on certain methods of capture, such as deadfalls and snares, to protect animal welfare and conservation efforts. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations to fulfill its mandate under the statute, ensuring effective wildlife management while maintaining compliance with the overarching legislative intent.

Provision 2

"It shall be unlawful to trap, or attempt to trap, on land any wild bird or wild ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language allows for the regulation of specific methods of capturing wildlife, such as the prohibition of certain trapping methods, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement detailed regulations necessary for the management and conservation of wildlife, ensuring compliance with the overarching statutory framework.

Provision 3

"Snares with the top of the snare loop set higher than 12 inches above ground lev..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the specifications for snares, as it falls within the realm of managing the taking and capture of wild animals. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations necessary for the effective management and conservation of wildlife, ensuring compliance with the overarching statutory framework.

Game: In General

4VAC15-40-221

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to intentionally set foothold traps, body-gripping traps, or snares within 50 feet of an animal carcass, or parts thereof, unless the carcass, or parts thereof, are completely covered at the time the trap is set or visited.¹ For the purposes of this section, "completely covered" shall be defined as not being visible from above.² Provided further, a "carcass" shall be defined as the body, portions of the body, meat, organs, or viscera of any animal, including fish.³ Feathers (including those with attached skin or entire bird wings), hair (with or without skin or hide), and bones that include no attached meat, organs, or viscera are excluded from this definition.⁴

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to intentionally set foothold traps, body-gripping traps, o..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to establish regulations that ensure the responsible management of wildlife, which includes setting restrictions on trapping practices to prevent unintended captures near animal carcasses. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations to protect wildlife and promote ethical hunting practices without needing further specific legislative approval.

Provision 2

"For the purposes of this section, "completely covered" shall be defined as not b..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations regarding various aspects of wildlife management, including hunting and possession of wild animals and fish. This broad language allows the Board to define terms and establish specific criteria, such as what constitutes "completely covered," thereby resulting in GENERAL_DELEGATION as it enables the Board to exercise discretion in interpreting and applying the statute. The legal significance of this relationship is that it empowers the Board to implement detailed regulations that are necessary for effective wildlife management while remaining within the scope of the authority granted by the statute.

Provision 3

"Provided further, a "carcass" shall be defined as the body, portions of the body..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's definition of "carcass," as it pertains to the possession and handling of animals, thereby falling within the scope of the Board's regulatory authority. The legal significance of this relationship is that it allows the Board to establish detailed definitions and standards necessary for the effective management and conservation of wildlife, ensuring compliance with the overarching statutory framework.

Provision 4

"Feathers (including those with attached skin or entire bird wings), hair (with o..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to define and clarify terms and conditions surrounding the treatment of wildlife, which encompasses the regulation that specifies exclusions for certain animal parts. The legal significance of this relationship is that it enables the Board to exercise discretion in managing wildlife resources while ensuring compliance with statutory mandates, thereby supporting effective regulation within the established framework.

Game: In General

4VAC15-40-225

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to kill wild animals legally captured in live traps using any humane method of dispatch not specifically prohibited by law.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to kill wild animals legally captured in live traps using any..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation that allows for the humane dispatch of wild animals legally captured in live traps, as it falls under the category of killing and taking wild animals. The legal significance of this authorization relationship is that it provides the Board with the flexibility to establish humane methods for managing wildlife, ensuring compliance with the overarching statutory framework while promoting animal welfare.

Game: In General

4VAC15-40-230

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to set traps in water from December 1 through the last day of February, both dates inclusive, and at any time within the incorporated limits of any city or town in the Commonwealth and in the counties of Arlington, Chesterfield, Fairfax, Henrico, James City, Loudoun, Prince William, Spotsylvania, Stafford, Roanoke and York, except as otherwise specifically provided by department permit or by local ordinances pursuant to § 29.1-526 of the Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to set traps in water from December 1 through the last day of..."

Express Delegation

AUTHORIZING STATUTE § 29.1-526

the governing body of any county or city may prohibit by ordinance the hunting, with a firearm, of any game bird or game animal while the hunting is on or within 100 yards of any primary or secondary highway in such county or city the governing body of any county or city may prohibit by ordinance the trapping of any game animal or furbearer within fifty feet of the shoulder of any primary or secondary highway in the county or city

ANALYSIS

§ 29.1-526 specifically grants the governing body of any county or city the authority to prohibit hunting and trapping activities within specified distances from primary or secondary highways. This results in EXPRESS DELEGATION because the statute explicitly allows local governing bodies to enact ordinances that regulate hunting and trapping, thereby providing a clear framework within which the regulation operates. The legal significance of this authorization relationship is that it empowers local jurisdictions to tailor wildlife management practices to their specific needs while remaining within the boundaries set by the statute.

CROSS-REFERENCE § 29.1-526

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 2. Hunting and Trapping › § 29.1-526. Counties and cities may prohibit hunting or trapping near primary and secondary highways The governing body of any county or city may prohibit by ordinance the hunti...

Game: In General

4VAC15-40-240

Express

General

Overreach

Unauthorized

Requirements

Whenever biological evidence suggests that populations of game animals or fur-bearing animals may exceed or threaten to exceed the carrying capacity of a specified range, or whenever population reduction of a species is necessary to manage for another wildlife species, or whenever the health or general condition of a species indicates the need for population reduction, or whenever the threat of human public health and safety or significant economic loss indicates the need for population reduction, the director is authorized to issue special permits to obtain the desired reduction by licensed hunters or licensed trappers on areas prescribed by department wildlife biologists.¹ Further, in situations where existing statutory and regulatory options for population reduction are not applicable, the director is authorized to issue special permits to obtain the desired population reduction by individuals named within the director's authorization document.² Designated game species or fur-bearing species may be taken in excess of the general bag limits, during closed seasons, with all legal methods outlined in the Code of Virginia or board regulation, and with any type of lawful weapon, as defined in § 29.1-519 of the Code of Virginia and in board regulation, on special permits issued under this section under such conditions as may be prescribed by the director.³

Provision-Level Authorization Analysis

Provision 1

"Whenever biological evidence suggests that populations of game animals or fur-be..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of wildlife management practices, including population control measures, which directly connects to the regulation addressing the management of game and fur-bearing animal populations based on biological evidence. The legal significance of this relationship is that it empowers the Board to implement necessary regulations for wildlife conservation and management without requiring specific legislative approval for each individual regulation, thus facilitating timely and effective responses to ecological needs.

DEFINITION § 29.1-519

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 2. Hunting and Trapping › § 29.1-519. Guns, pistols, revolvers, etc., which may be used; penalty A. All wild birds and wild animals may be hunted with the following weapons unless shooting is expressly p...

Provision 2

"Further, in situations where existing statutory and regulatory options for popul..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the creation of regulations that address various circumstances, including the issuance of special permits for population reduction when existing options are inadequate, thereby justifying a GENERAL_DELEGATION of authority to the director. The legal significance of this relationship is that it empowers the director to make timely and necessary decisions to manage wildlife populations effectively within the framework established by the Board.

DEFINITION § 29.1-519

Provision 3

"Designated game species or fur-bearing species may be taken in excess of the gen..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific regulations, such as permitting the taking of designated game or fur-bearing species beyond general bag limits and during closed seasons, as it falls within the scope of managing wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to create flexible and adaptive regulations that address wildlife management needs while ensuring compliance with overarching statutory provisions.

DEFINITION § 29.1-519

Game: In General

4VAC15-40-250

Express

General

Overreach

Unauthorized

Requirements

No person shall kill or cripple and knowingly allow any nonmigratory game bird or game animal to be wasted without making a reasonable effort to retrieve the animal and retain it in their possession.¹ Nothing in this section shall permit a person to trespass or violate any state, federal, city or county law, ordinance or regulation.²

Provision-Level Authorization Analysis

Provision 1

"No person shall kill or cripple and knowingly allow any nonmigratory game bird o..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad grant of authority encompasses the regulation's requirement that individuals must make reasonable efforts to retrieve and retain nonmigratory game birds or animals, as it directly relates to the management and ethical treatment of wildlife. The legal significance of this authorization relationship is that it allows the Board to implement regulations that promote responsible hunting practices and conservation efforts within the framework established by the statute.

Provision 2

"Nothing in this section shall permit a person to trespass or violate any state, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's provision that prohibits trespassing or violations of laws, as it ensures that all activities related to wildlife management are conducted within the bounds of existing legal frameworks. The legal significance of this authorization relationship is that it allows the Board to establish comprehensive regulations that uphold both wildlife conservation and compliance with broader legal standards, thereby promoting responsible management practices.

Game: In General

4VAC15-40-260

Express

General

Overreach

Unauthorized

Requirements

A. The open seasons for hunting and trapping, as well as hours, methods of taking, and bag limits for department-owned or department-controlled lands, or lands managed by the department under cooperative agreement, shall conform to the regulations of the board unless excepted by posted rules established by the director or his designee. Such posted rules shall be displayed at each recognized entrance to the land where the posted rules are in effect.¹ B. Department-owned lands shall be open to the public for wildlife observation and for hunting, fishing, trapping, and boating (as prescribed by 4VAC15-320-100 ) under the regulations of the board. Other activities deemed appropriate by the director or his designee may be allowed by posted rules, by written authorization from the director or his designee, or by special permit.² C. No person shall hunt on lands managed by the department through a lease agreement or other similar memorandum of agreement where the department issues an annual hunting permit without having purchased a valid annual hunting permit. The annual hunting permit shall be in addition to the required licenses to hunt, and the cost of such permit shall be the same as the cost of the annual state resident hunting license in § 29.1-303 of the Code of Virginia.³ D. Activities that are not generally or specifically authorized in accordance with subsections A through C of this section are prohibited and shall constitute a violation of this regulation.⁴

Provision-Level Authorization Analysis

Provision 1

"A. The open seasons for hunting and trapping, as well as hours, methods of takin..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation, as it addresses specific aspects of hunting and trapping, including open seasons, methods of taking, and bag limits, which fall under the Board's regulatory purview. The legal significance of this authorization relationship is that it allows the Board to establish detailed rules that ensure the management and conservation of wildlife resources, reflecting the intent of the statute to provide comprehensive oversight in these areas.

ADDITIONAL AUTHORITY § 29.1-303

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 3. Licenses › Article 1. Hunting, Trapping and Fishing Licenses › § 29.1-303. Fees to hunt The license fees to hunt shall be as follows or as such fees may be subsequently revised by the Board pursuant to § 29.1-103: 1. County or city resi...

Provision 2

"B. Department-owned lands shall be open to the public for wildlife observation a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation, which allows for public access to department-owned lands for various wildlife-related activities, as it falls within the scope of managing and regulating wildlife resources. The legal significance of this authorization relationship is that it enables the Board to implement flexible and adaptive regulations that address the management of wildlife and public use of lands, ensuring compliance with the overarching statutory framework.

ADDITIONAL AUTHORITY § 29.1-303

Provision 3

"C. No person shall hunt on lands managed by the department through a lease agre..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation, as it addresses the requirement for individuals to obtain a valid annual hunting permit for hunting on lands managed by the department, thereby regulating the taking of wildlife. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to manage wildlife resources effectively, ensuring compliance and conservation efforts within the scope of its statutory authority.

ADDITIONAL AUTHORITY § 29.1-303

Provision 4

"D. Activities that are not generally or specifically authorized in accordance wi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish comprehensive regulations, including the prohibition of unauthorized activities, which aligns with the general delegation of powers to manage wildlife resources effectively. The legal significance of this relationship is that it empowers the Board to create and enforce regulations that ensure the conservation and management of wildlife, while also providing clarity on what constitutes a violation.

ADDITIONAL AUTHORITY § 29.1-303

Game: In General

4VAC15-40-270

Express

General

Overreach

Unauthorized

Requirements

Unclaimed mounted native wildlife specimens or their processed hides, when taken in accordance with the provisions of law and regulations, may be sold by a Virginia licensed taxidermist with the exception of migratory waterfowl, migratory birds, and state and federally listed threatened and endangered species.¹ A mount or processed hide shall be considered unclaimed if it has been left in a taxidermy place of business for more than 30 days beyond the period the mount was to remain on the premises pursuant to a contract.² This contract must inform the owner of the possibility of such sale.³ After the 30-day period a notice by registered or certified mail with a return receipt requested must be mailed to the owner of record, instructing the owner to reclaim the mount within 15 days of the notice.⁴ This notice shall identify the species and the date it was received, set forth the location of the taxidermist facility where it is held, and inform the owner of his rights to reclaim the mount with 15 days of this notice after payment of the specified costs.⁵ This notice shall state that the failure of the owner to reclaim the mount or hide within this 15-day timeframe may result in the sale of the unclaimed mount or hide.⁶ If a mount or hide is not claimed after the return of a signed certified receipt and within the 15-day period, then the taxidermist may sell the mount for an amount not to exceed the remainder of the amount of the original invoice plus reasonable administrative and storage costs.⁷ Within seven days of the sale of any unclaimed mount the taxidermist shall notify the department in writing of the name, telephone number, and address of the purchaser, invoice price, species sold, taxidermist, and previous owners' name, telephone number, and address.⁸ Upon receipt of such paperwork for a bear mount or hide, a conservation police officer will review the paperwork and will provide the purchaser a form that will remain with the mount.⁹ For the purposes of this section, "mount" means the processed hide, pelt, or skin of an animal affixed to a form for display.¹⁰ A processed hide, pelt, or skin is one that has been tanned, cured, chemically preserved, or converted to any usable form beyond initial cleaning, stretching, and drying by the taxidermist or the taxidermist's agent.¹¹ Nothing in this section shall permit the sale of skulls, claws, teeth, unprocessed hides, or any other parts of a bear that are not a legitimate part of the mount.¹²

Provision-Level Authorization Analysis

Provision 1

"Unclaimed mounted native wildlife specimens or their processed hides, when taken..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling applicable hearing and notice requirements. This broad grant of authority allows the board to regulate the sale of unclaimed mounted native wildlife specimens and their processed hides, as it falls within the scope of managing wildlife resources and ensuring compliance with existing laws and regulations. The legal significance of this authorization relationship is that it empowers the board to implement specific regulatory measures while maintaining flexibility in addressing wildlife management issues without requiring further legislative action.

Provision 2

"A mount or processed hide shall be considered unclaimed if it has been left in a..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after completing necessary hearing and notice requirements. This broad grant of authority allows the board to establish regulations that clarify and implement statutory provisions, such as defining what constitutes an unclaimed mount or processed hide, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the agency to create detailed rules that facilitate the effective administration of the statute, ensuring compliance and clarity in the management of taxidermy practices.

Provision 3

"This contract must inform the owner of the possibility of such sale."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to implement regulations that ensure transparency and inform stakeholders, such as the requirement for contracts to inform owners of potential sales. The legal significance of this authorization relationship is that it empowers the board to create regulations that are necessary for the effective administration of its duties, thereby promoting informed decision-making among owners.

Provision 4

"After the 30-day period a notice by registered or certified mail with a return r..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to establish detailed procedures, such as the requirement for notifying the owner of record to reclaim the mount, which falls within the scope of implementing the statute's intent. The legal significance of this authorization relationship is that it empowers the board to create regulations that ensure compliance with statutory mandates while maintaining flexibility in operational procedures.

Provision 5

"This notice shall identify the species and the date it was received, set forth t..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling hearing and notice requirements. This broad grant of authority allows the board to create regulations that detail procedures and requirements, such as the notice provisions for taxidermist facilities, which are necessary for the effective implementation of the statute. The legal significance of this authorization relationship is that it enables the board to establish specific regulatory frameworks that operationalize the statutory intent, ensuring compliance and clarity in the management of wildlife-related activities.

Provision 6

"This notice shall state that the failure of the owner to reclaim the mount or hi..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to implement regulations that address various operational aspects, such as the management of unclaimed mounts or hides, thereby justifying the GENERAL_DELEGATION level. The legal significance of this relationship is that it empowers the board to create necessary regulations to effectively manage resources and enforce compliance within its jurisdiction.

Provision 7

"If a mount or hide is not claimed after the return of a signed certified receipt..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the ability to confer powers and duties upon the Director and revise fees associated with licenses. This broad grant of authority allows for the establishment of regulations that address practical aspects of wildlife management, such as the handling and sale of mounts or hides, which aligns with the Board's responsibilities to ensure sound wildlife management practices. The legal significance of this authorization relationship is that it empowers the Board to create regulations that facilitate the effective implementation of statutory provisions, thereby enhancing the management and conservation of wildlife resources.

Provision 8

"Within seven days of the sale of any unclaimed mount the taxidermist shall notif..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after completing the necessary hearing and notice requirements. This broad grant of authority allows the board to establish detailed requirements, such as the notification process for the sale of unclaimed mounts, which aligns with the overarching goal of managing wildlife resources effectively. The legal significance of this authorization relationship is that it empowers the board to implement regulations that ensure accountability and traceability in transactions involving wildlife, thereby promoting conservation and compliance with statutory mandates.

Provision 9

"Upon receipt of such paperwork for a bear mount or hide, a conservation police o..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after completing necessary hearing and notice requirements. This broad grant of authority allows the board to implement regulations that address specific operational procedures, such as the review of paperwork for bear mounts or hides, which falls within the scope of managing wildlife resources. The legal significance of this authorization relationship is that it empowers the board to create detailed regulations that facilitate the enforcement and administration of wildlife laws, ensuring compliance and proper documentation in the handling of bear mounts and hides.

Provision 10

"For the purposes of this section, "mount" means the processed hide, pelt, or ski..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to define terms and establish standards relevant to its regulatory framework, such as the definition of "mount," which is essential for the implementation and enforcement of wildlife management practices. The legal significance of this relationship is that it empowers the board to create detailed regulations that clarify and operationalize the statutory mandate, ensuring effective governance within its jurisdiction.

Provision 11

"A processed hide, pelt, or skin is one that has been tanned, cured, chemically p..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically states that the board may adopt regulations and amendments to regulations after completing all applicable hearing and notice requirements. The regulation defining a processed hide, pelt, or skin extends beyond the scope of the statute by imposing specific conditions on what constitutes processing, which is not explicitly authorized by the statute's language. The legal significance of this relationship is that the regulation may exceed the board's authority as granted by the statute, potentially infringing on the legislative intent and scope of the board's regulatory power.

Provision 12

"Nothing in this section shall permit the sale of skulls, claws, teeth, unprocess..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling all necessary hearing and notice requirements. This broad grant of authority allows the board to regulate the management and conservation of wildlife, which includes establishing prohibitions on the sale of certain bear parts to ensure compliance with conservation goals. The legal significance of this relationship is that it empowers the board to implement regulations that are essential for the effective enforcement of wildlife protection measures, reflecting the intent of the statute to provide comprehensive regulatory oversight.

Game: In General

4VAC15-40-275

Express

General

Overreach

Unauthorized

Requirements

Any hunter or trapper, or any person lawfully engaged in the business of fur farming, to sell or dispose of legally taken or possessed raw pelts and unskinned carcasses of fur-bearing animals, coyotes, and nutria at any time. 2.¹ Any person to purchase legally taken or possessed raw pelts or unskinned carcasses of fur-bearing animals, coyotes, and nutria at any time if the pelts are to be tanned or used in taxidermy mounts for personal use and not for resale, trade, or other commercial purposes. 3.² Any person to buy or sell at any time pelts that are not defined as being raw, skinned carcasses, taxidermy mounts, or any other parts of legally taken and possessed fur-bearing animals, coyotes, and nutria.³ Such parts shall include skulls, teeth, claws, bones, glands, and secretions.⁴ For the purposes of this section, "raw pelt" means any pelt with its hair or fur intact that has not been tanned, cured, chemically preserved, or converted to any usable form beyond initial cleaning, stretching, and drying.⁵ Salt-cured and sun-cured pelts shall be considered raw pelts.⁶

Provision-Level Authorization Analysis

Provision 1

"Any hunter or trapper, or any person lawfully engaged in the business of fur far..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation allowing hunters, trappers, and fur farmers to sell or dispose of legally taken pelts and carcasses, as it directly relates to the sale and possession of wild animals and their byproducts. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that facilitate the management and utilization of wildlife resources, ensuring compliance with the overarching statutory framework.

EXCEPTION § 29.1-400

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 4. Permits Required › Article 1. Dealing in Furs › § 29.1-400. Unlawful to deal in furs without a permit It shall be unlawful to buy, sell, barter, exchange, traffic or trade in, bargain for, solicit for purchase, or possess the hides, fur...

DEFINITION § 29.1-100

CROSS-REFERENCE § 29.1-407

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 4. Permits Required › Article 1. Dealing in Furs › § 29.1-407. Forfeiture of furs Any furs found in the possession of any person or firm and acquired in violation of this article shall be forfeited to the Commonwealth. The proceedings for ...

Provision 2

"Any person to purchase legally taken or possessed raw pelts or unskinned carcass..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation allowing the purchase of raw pelts or unskinned carcasses for personal use, without resale or commercial purposes, appears to exceed the statute's authorization because it introduces a specific condition on the sale and purchase of fur-bearing animals that is not explicitly mentioned in the statute. The legal significance of this relationship is that the regulation may impose restrictions or conditions that the statute does not explicitly authorize, potentially infringing on the rights of individuals to engage in activities that the statute broadly allows.

EXCEPTION § 29.1-400

DEFINITION § 29.1-100

CROSS-REFERENCE § 29.1-407

Provision 3

"Any person to buy or sell at any time pelts that are not defined as being raw, s..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the buying and selling of pelts and parts of fur-bearing animals, as it directly relates to the possession and sale of wildlife products. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations that manage and control the commercial activities surrounding wildlife, ensuring compliance with conservation and management objectives.

EXCEPTION § 29.1-400

DEFINITION § 29.1-100

CROSS-REFERENCE § 29.1-407

Provision 4

"Such parts shall include skulls, teeth, claws, bones, glands, and secretions."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, allowing for the regulation of parts of these animals, such as skulls, teeth, claws, bones, glands, and secretions, which fall under the general category of possession and transportation. The legal significance of this authorization relationship is that it provides the Board with the flexibility to regulate specific components related to wildlife, ensuring comprehensive management and conservation efforts within the statutory framework.

EXCEPTION § 29.1-400

DEFINITION § 29.1-100

CROSS-REFERENCE § 29.1-407

Provision 5

"For the purposes of this section, "raw pelt" means any pelt with its hair or fu..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad language allows for the establishment of detailed definitions and standards, such as the definition of "raw pelt," which falls under the Board's regulatory purview concerning the possession and handling of wild animals. The legal significance of this relationship is that it enables the Board to create specific regulations that clarify and implement the statutory authority, ensuring effective management of wildlife resources.

EXCEPTION § 29.1-400

DEFINITION § 29.1-100

CROSS-REFERENCE § 29.1-407

Provision 6

"Salt-cured and sun-cured pelts shall be considered raw pelts."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of definitions and classifications, such as the designation of salt-cured and sun-cured pelts as raw pelts, which falls within the Board's regulatory purview concerning the possession and sale of wildlife products. The legal significance of this authorization relationship is that it empowers the Board to create regulations that ensure clarity and consistency in the management of wildlife resources, thereby supporting effective conservation and regulation efforts.

EXCEPTION § 29.1-400

DEFINITION § 29.1-100

CROSS-REFERENCE § 29.1-407

Game: In General

4VAC15-40-276

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful for any person to purchase or sell skins, pelts, skulls, bones, teeth, claws, feet, spurs, tails, hair, feathers, taxidermy mounts, and other nonmeat parts of legally taken and possessed rabbits, squirrels, bobwhite quail, ruffed grouse, pheasants, and wild turkey.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful for any person to purchase or sell skins, pelts, skulls, bone..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language encompasses the regulation allowing the purchase and sale of nonmeat parts of legally taken and possessed wildlife, as it falls within the scope of the Board's authority to regulate aspects of wildlife management and commerce. The legal significance of this authorization relationship is that it provides the Board with the flexibility to establish regulations that facilitate the sustainable use of wildlife resources while ensuring compliance with broader statutory mandates.

Game: In General

4VAC15-40-281

Express

General

Overreach

Unauthorized

Requirements

Unauthorized feeding of bear, deer, or turkey on national forest lands and department-owned lands.¹ It shall be unlawful to place or direct the placement of, deposit, distribute, or scatter food or salt capable of attracting or being eaten by bear, deer, or turkey on national forest lands or on department-owned lands without the written authorization of the Director of the Department of Wildlife Resources or the director's designee.² The provisions of this section shall not prohibit the disposal of food in trash receptacles provided by the U.S.³ Forest Service on national forest lands or by the department on department-owned lands.⁴

Provision-Level Authorization Analysis

Provision 1

"Unauthorized feeding of bear, deer, or turkey on national forest lands and depar..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the unauthorized feeding of bear, deer, or turkey, as it relates to the management and protection of wildlife on national forest and department-owned lands. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to conserve wildlife populations and ensure public safety, thereby fulfilling its statutory mandate.

Provision 2

"It shall be unlawful to place or direct the placement of, deposit, distribute, o..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the placement of food or salt that could attract certain wildlife, as it directly relates to the management and protection of these species within the context of hunting and wildlife conservation. The legal significance of this authorization relationship is that it allows for the implementation of specific measures to regulate activities that could impact wildlife populations, ensuring that the Board can effectively manage and protect these resources under its general authority.

Provision 3

"The provisions of this section shall not prohibit the disposal of food in trash ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking, possession, and transportation of wild animals and birds. This broad grant of authority allows for the establishment of regulations that address practical aspects of wildlife management, such as the disposal of food, which is relevant to preventing wildlife from being attracted to human refuse. The legal significance of this authorization relationship is that it enables the Board to create regulations that ensure effective wildlife management while maintaining public safety and environmental integrity, reflecting a general delegation of authority to address diverse scenarios within the scope of wildlife regulations.

Provision 4

"Forest Service on national forest lands or by the department on department-owned..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting, capturing, and transporting wild birds and animals. This broad grant of authority allows the regulation to encompass activities on national forest lands and department-owned lands, as it aligns with the overarching goal of managing wildlife resources effectively. The legal significance of this authorization relationship is that it enables the Board to implement regulations that ensure the sustainable use and conservation of wildlife across different jurisdictions, reflecting the comprehensive nature of the statutory mandate.

Game: In General

4VAC15-40-282

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful for any person as defined in § 1-230 of the Code of Virginia to place, distribute, or allow the placement of food, minerals, carrion, trash, or similar substances to feed or attract bear.¹ Nor, upon notification by department personnel, shall any person continue to place, distribute, or allow the placement of any food, mineral, carrion, trash, or similar substances for any purpose if the placement of these materials results in the presence of bear.² After such notification , such person shall be in violation of this section if the placing, distribution, or presence of such food, minerals, carrion, trash, or similar substances continues.³ This section shall not apply to wildlife management activities conducted or authorized by the department.⁴

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful for any person as defined in § 1-230 of the Code of Virgini..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after completing necessary hearing and notice requirements. This broad grant of authority allows the board to regulate activities related to wildlife management, including the prohibition of actions that could attract bears, thereby encompassing the regulation's intent to protect wildlife. The legal significance of this relationship is that it empowers the board to implement necessary measures for wildlife conservation without needing further legislative approval, ensuring effective management of bear populations.

DEFINITION § 1-230

Title 1. General Provisions › Chapter 2.1. Common Law and Rules of Construction › Article 2. Rules of Construction and Definitions › § 1-230. Person "Person" includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, poli...

Provision 2

"Nor, upon notification by department personnel, shall any person continue to pl..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the placement of substances that may attract bears, as it directly relates to the management and protection of wildlife, which falls under the Board's purview. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to ensure wildlife conservation and public safety without needing to seek additional specific legislative approval for each regulation.

DEFINITION § 1-230

Provision 3

"After such notification , such person shall be in violation of this section if t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and birds. This broad language allows the Board to regulate not only the direct actions of hunting and capturing but also the conditions that may affect wildlife, such as the placement of food or other substances, which is addressed in the regulation. The legal significance of this authorization relationship is that it empowers the Board to implement necessary measures to protect wildlife, ensuring that regulations can adapt to changing circumstances while remaining within the scope of the statutory authority.

DEFINITION § 1-230

Provision 4

"This section shall not apply to wildlife management activities conducted or auth..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the regulation to establish that certain wildlife management activities conducted or authorized by the department are exempt from the general provisions, thus falling within the scope of the Board's regulatory powers. The legal significance of this relationship is that it enables the Board to effectively manage wildlife resources while allowing for flexibility in the implementation of specific management practices without undermining the overarching regulatory framework.

DEFINITION § 1-230

Game: In General

4VAC15-40-283

Express

General

Overreach

Unauthorized

Requirements

Unlawful to chase, hunt or train from a baited site.¹ Except as prescribed in subdivision 4 of § 29.1-521 of the Code of Virginia, it shall be unlawful to chase with dogs or hunt with dogs or to attempt to chase or hunt with dogs any wild animal from a baited site or to train dogs on any wild animal from a baited site.² Furthermore, it shall be unlawful to place, distribute or maintain bait or salt for any wild animal for the purpose of chasing with dogs, hunting with dogs or the training of dogs.³ As used in this regulation, bait shall mean any food, grain, or other consumable substance that could serve as a lure or attractant; however, crops grown for normal or accepted agriculture or wildlife management purposes shall not be considered as bait.⁴ A baited site will be considered to be baited for 30 days following the complete removal of all such bait or salt.⁵

Provision-Level Authorization Analysis

Provision 1

"Unlawful to chase, hunt or train from a baited site."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities and practices associated with wildlife management, allowing the Board to regulate behaviors such as chasing, hunting, or training from a baited site to ensure sustainable practices and conservation. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without needing further specific legislative approval, thereby facilitating effective wildlife management and enforcement.

DEFINITION § 29.1-521

Provision 2

"Except as prescribed in subdivision 4 of § 29.1-521 of the Code of Virginia, it ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the prohibition of chasing or hunting wild animals with dogs from a baited site, as it directly pertains to the hunting and taking of wild animals. The legal significance of this authorization relationship is that it allows the Board to establish specific rules that ensure wildlife management and conservation practices are effectively implemented under the general authority granted by the statute.

DEFINITION § 29.1-521

Provision 3

"Furthermore, it shall be unlawful to place, distribute or maintain bait or salt ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to regulate various aspects of wildlife management, including practices that may affect hunting methods, such as the use of bait or salt in conjunction with dogs. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that ensure sustainable wildlife practices and maintain the integrity of hunting activities, reflecting the statute's intent to manage wildlife resources effectively.

DEFINITION § 29.1-521

Provision 4

"As used in this regulation, bait shall mean any food, grain, or other consumable..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's definition of bait, as it directly relates to the management and regulation of wildlife activities, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to implement necessary definitions and guidelines to effectively manage wildlife resources, ensuring compliance with the overarching statutory framework.

DEFINITION § 29.1-521

Provision 5

"A baited site will be considered to be baited for 30 days following the complete..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the regulation of baiting practices, which is addressed in the regulation regarding the duration a site is considered baited. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations necessary for effective wildlife management, ensuring compliance with the overarching statutory framework.

DEFINITION § 29.1-521

Game: In General

4VAC15-40-284

Express

General

Overreach

Unauthorized

Requirements

A. No person shall intentionally cripple or otherwise harm any game animal for the intent of continuing a hunt or chase, or for the purpose of training dogs. Upon treeing, baying, or otherwise containing an animal in a manner that offers the animal no avenue of escape, the person or the hunting party shall either (i) harvest the animal if within a legal take season and by using lawful methods of take or (ii) terminate the chase by retrieving the dogs and allowing the animal freedom to escape for the remainder of the same calendar day.¹ B. It shall be unlawful to dislodge an animal from a tree for the intent of continuing a hunt or chase, or for the purpose of training dogs.² C. It shall be unlawful to use radio tracking equipment, except on dogs, to aid in the chase, harvest or capture of wildlife. No part of this section shall be construed to prohibit the use of radio tracking equipment for wildlife management activities conducted or authorized by the department or for the location or recovery of dogs.³

Provision-Level Authorization Analysis

Provision 1

"A. No person shall intentionally cripple or otherwise harm any game animal for t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows for the regulation of various aspects of hunting practices, including the humane treatment of game animals, which connects directly to the regulation that prohibits intentionally crippling or harming game animals during hunting activities. The legal significance of this authorization relationship is that it empowers the Board to establish rules that ensure ethical hunting practices, thereby promoting wildlife conservation and responsible management of natural resources.

Provision 2

"B. It shall be unlawful to dislodge an animal from a tree for the intent of cont..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities associated with wildlife management, allowing the regulation to prohibit dislodging animals from trees, as it directly pertains to the hunting and chasing of wild animals. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that ensure ethical hunting practices and the conservation of wildlife, reflecting the intent of the statute to manage and protect these resources effectively.

Provision 3

"C. It shall be unlawful to use radio tracking equipment, except on dogs, to aid ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and capture of wild animals. This broad grant of authority encompasses the regulation's prohibition on the use of radio tracking equipment for hunting purposes, as it falls within the scope of managing how wildlife is pursued and captured. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure sustainable wildlife management practices without needing to seek further specific legislative approval for each regulation.

Game: In General

4VAC15-40-285

Express

General

Overreach

Unauthorized

Requirements

A. It shall be unlawful for any person to place or distribute food, salt, minerals, or similar substances to feed or attract cervids (i) at any time in the Counties (including the cities and towns within) of Buchanan, Dickenson, Wise, and in any county (including the cities and towns within) designated by the department within 25 miles of a confirmed detection of Chronic Wasting Disease; (ii) during any deer or elk season within any county, city, or town that allows deer or elk hunting; and (iii) from September 1 through the first Saturday in January, both dates inclusive, elsewhere in the Commonwealth.¹ B. Any food, salt, minerals, or similar substances placed or distributed to feed or attract cervids prior to September 1 must be completely removed by September 1, and any area where food, salt, minerals, or similar substances were placed or distributed to feed or attract cervids shall be considered to be baited for 10 days following the complete removal of the items listed in this subsection.² C. Upon written notification by department personnel, no person shall continue to place or distribute any food, salt, mineral, or similar substances for any purpose if the placement of these materials results in the attraction of or feeding of cervids. After such notification, such person shall be in violation of this section if the placing, distribution, or presence of such food, salt, minerals, or similar substances continues.³ D. No part of this regulation shall be construed to restrict bona fide agronomic plantings (including wildlife food plots), bona fide distribution of food to livestock, or wildlife management activities conducted or authorized by the department.⁴

Provision-Level Authorization Analysis

Provision 1

"A. It shall be unlawful for any person to place or distribute food, salt, minera..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation prohibiting the placement or distribution of substances to attract cervids, as it pertains to the management and conservation of wildlife populations, which falls under the Board's regulatory purview. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to protect wildlife and manage hunting practices effectively, ensuring compliance with conservation goals.

Provision 2

"B. Any food, salt, minerals, or similar substances placed or distributed to feed..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the removal of food, salt, minerals, or similar substances for cervids, as it directly relates to the management and regulation of wildlife and their habitats. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to ensure the sustainability and health of wildlife populations, thereby fulfilling its statutory mandate.

Provision 3

"C. Upon written notification by department personnel, no person shall continue t..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the ability to confer powers and duties upon the Director. This broad grant of authority encompasses the regulation regarding the placement of food or minerals that attract cervids, as it falls within the Board's responsibility to manage wildlife and ensure public health and sound wildlife management. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to protect wildlife and public interests without requiring further legislative approval, thereby streamlining the regulatory process.

Provision 4

"D. No part of this regulation shall be construed to restrict bona fide agronomic..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses a wide range of activities, including those related to wildlife management and agronomic practices, which is reflected in the regulation's provision that allows for certain agricultural and wildlife management activities without restriction. The legal significance of this relationship is that it enables the Board to exercise GENERAL_DELEGATION, allowing for flexibility in managing wildlife resources while ensuring that the regulation aligns with the overarching statutory authority.

Game: In General

4VAC15-40-286

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful for any person as defined in § 1-230 of the Code of Virginia to place, distribute, or allow the placement of food, minerals, carrion, trash, or similar substances when it attracts any species of wildlife in such numbers or circumstances to cause property damage, endanger any person or wildlife, or create a public health concern.¹ Upon notification by department personnel, any such person shall be in violation of this section if the placing, distribution, or presence of such food, minerals, carrion, trash, or similar substances continues.² This section shall not be construed to restrict bona fide agronomic plantings (including wildlife food plots), bona fide distribution of food to livestock, or wildlife management activities conducted or authorized by the department or U.S. government agencies with wildlife management responsibilities.³

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful for any person as defined in § 1-230 of the Code of Virgini..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's prohibition against placing substances that attract wildlife, as it directly relates to the management and protection of wildlife populations and their interactions with human activities. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to prevent property damage and ensure public safety, reflecting the agency's responsibility to regulate wildlife effectively.

DEFINITION § 1-230

Provision 2

"Upon notification by department personnel, any such person shall be in violation..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority allows the Board to establish regulations that address specific behaviors, such as the improper placement of substances that may affect wildlife, thereby justifying the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement necessary measures for wildlife conservation and management without requiring further legislative approval for each specific regulation.

DEFINITION § 1-230

Provision 3

"This section shall not be construed to restrict bona fide agronomic plantings (i..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the regulation to encompass activities related to wildlife management, as it aligns with the Board's responsibility to oversee and regulate interactions with wildlife, thus resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it enables the Board to implement regulations that facilitate wildlife management practices without being overly restrictive, ensuring the balance between conservation and agricultural activities.

DEFINITION § 1-230

Game: In General

4VAC15-40-287

Express

General

Overreach

Unauthorized

Requirements

A. Pursuant to § 29.1-527.2 of the Code of Virginia, it shall be unlawful for any person to place, distribute, or allow the placement of food, salt, minerals, or similar substances to feed or attract deer at any time.¹ B. No person shall continue to place, distribute, or allow the placement of food, salt, minerals, or similar substances for any purpose if the placement of these materials results in the presence of deer.² C. No part of this ordinance shall be construed to restrict agricultural, commercial, noncommercial, or residential plantings (including wildlife food plots); bona fide distribution of food to livestock; or wildlife management activities conducted or authorized by the Department of Wildlife Resources.³

Provision-Level Authorization Analysis

Provision 1

"A. Pursuant to § 29.1-527.2 of the Code of Virginia, it shall be unlawful for an..."

General Delegation

AUTHORIZING STATUTE § 29.1-527.2

The Department shall make available to localities a model ordinance suggested for use by localities. Any city or town may, by ordinance, prohibit the feeding of deer within its jurisdiction.

ANALYSIS

§ 29.1-527.2 specifically grants the Department the authority to provide a model ordinance for localities regarding the prohibition of deer feeding. This broad grant of authority allows the Department to establish regulations that enforce the prohibition of feeding deer, resulting in GENERAL_DELEGATION as the regulation directly aligns with the intent of the statute to manage deer populations at the local level. The legal significance of this authorization relationship is that it empowers the Department to implement necessary measures to protect wildlife and public interests without requiring further legislative action.

ADDITIONAL AUTHORITY § 29.1-527.2

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 2. Hunting and Trapping › § 29.1-527.2. Localities may prohibit feeding of deer Any city or town may, by ordinance, prohibit the feeding of deer within its jurisdiction. The Department shall make availab...

Provision 2

"B. No person shall continue to place, distribute, or allow the placement of food..."

General Delegation

AUTHORIZING STATUTE § 29.1-527.2

The Department shall make available to localities a model ordinance Any city or town may, by ordinance, prohibit the feeding of deer within its jurisdiction

ANALYSIS

§ 29.1-527.2 specifically grants the Department the authority to make available a model ordinance that allows localities to prohibit the feeding of deer. This broad grant of authority encompasses the regulation, as it addresses the prohibition of placing substances that attract deer, aligning with the intent of the statute to manage deer populations at the local level. The legal significance of this authorization relationship is that it empowers the Department to implement regulations that support the statutory goal of wildlife management while allowing localities to exercise their discretion in addressing deer feeding within their jurisdictions.

ADDITIONAL AUTHORITY § 29.1-527.2

Provision 3

"C. No part of this ordinance shall be construed to restrict agricultural, commer..."

General Delegation

AUTHORIZING STATUTE § 29.1-527.2

The Department shall make available to localities a model ordinance suggested for use by localities. Any city or town may, by ordinance, prohibit the feeding of deer within its jurisdiction.

ANALYSIS

§ 29.1-527.2 specifically grants the Department the authority to provide a model ordinance for localities regarding the prohibition of deer feeding. This broad grant of authority allows the Department to include provisions in the regulation that clarify and delineate activities that are not restricted by the ordinance, thereby ensuring that essential agricultural and wildlife management practices are preserved. The legal significance of this authorization relationship is that it enables localities to adopt the model ordinance while still accommodating necessary exceptions, reflecting the Department's overarching responsibility for wildlife resource management.

ADDITIONAL AUTHORITY § 29.1-527.2

Game: In General

4VAC15-40-290

Express

General

Overreach

Unauthorized

Requirements

A. If a hunter holds a license or permit to kill a bear, deer, elk, or turkey, the following apply: 1. The hunter killing a bear, deer, elk, or turkey shall, before removing the carcass from the place of kill, validate an appropriate tag on the hunter's special license for hunting bear, special license for hunting deer and turkey, special elk hunting license, bonus deer permit, or special permit by completely removing the designated notch area from the paper tag or by electronically notching a tag and reporting the bear, deer, elk, or turkey using the department's mobile harvest reporting application. Place of kill shall be defined as the location where the animal or bird is first reduced to possession. It shall be unlawful for any person to validate (i.e., notch) a paper tag prior to the killing of a bear, deer, elk, or turkey. A paper tag that is mistakenly validated (i.e., notched) prior to the killing of a bear, deer, elk, or turkey must be immediately voided by the licensee or permittee by writing in ink the word "VOID" on the line provided on the license or special permit tag. All electronically notched tags are permanent and cannot be voided.¹ 2. Upon killing a bear, deer, elk, or turkey and validating (i.e., notching) a paper license tag, bonus deer permit, or special permit, as provided in subsection A of this section, the hunter shall, upon vehicle transport of the carcass or at the conclusion of legal hunting hours, whichever occurs first, and without unnecessary delay, report the kill through the department's electronic harvest reporting system. At such time, the person making the report will be given a confirmation number. The successful hunter shall then immediately record the confirmation number in ink on the line provided on the paper tag that has been validated (i.e., notched) in the field.² 3. After the harvest of a bear, deer, elk, or turkey is reported, no written documentation is required as long as the hunter who killed the animal or bird is in possession of the carcass. If the reported carcass is left unattended or transferred to the possession of another individual, written documentation that includes the successful hunter's full name, the date the animal or bird was killed, and the confirmation number must be created and kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, this written documentation must be securely attached to the carcass.³ B. If a hunter is exempt from license requirements or holds a license authorization number as prescribed by § 29.1-301 , 29.1-327 , or 29.1-339 of the Code of Virginia and has killed a bear, deer, elk, or turkey, the hunter shall upon vehicle transport of the carcass or at the conclusion of legal hunting hours, whichever occurs first, and without unnecessary delay, report the kill through the department's electronic harvest reporting system. At such time, the person making the report will be given a confirmation number. The hunter shall immediately create written documentation, including the hunter's full name, the date the animal or bird was killed, and the confirmation number. This written documentation must be kept in possession with the carcass until the carcass is processed. If the carcass is transferred to the possession of another individual, the written documentation must be transferred with the carcass to the individual and kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, this written documentation must be securely attached to the carcass.⁴ C. Any hunter or trapper who kills a bobcat shall report the kill within 24 hours through the department's electronic harvest reporting system. At such time, the person reporting the kill will be furnished with a confirmation number. The hunter or trapper shall immediately record this confirmation number in a location where it can later be retrieved to prove compliance with the reporting requirements or to request a department seal. Any bobcat received by a taxidermist for mounting or tanning shall have written documentation securely attached to the carcass that includes the full name of the hunter or trapper, date of kill, and the harvest confirmation number.⁵ D. Any hunter or trapper who kills a gray fox shall report the kill within 24 hours through the department's electronic harvest reporting system. At such time, the person reporting the kill will be furnished with a confirmation number. The hunter or trapper shall immediately record this confirmation number in a location where it can later be retrieved to prove compliance with the reporting requirements. Any gray fox received by a taxidermist for mounting or tanning shall have written documentation securely attached to the carcass that includes the full name of the hunter or trapper, date of kill, and the harvest confirmation number.⁶ E. It shall be unlawful for any person to destroy the identity of the sex of any bear, deer, elk, or turkey killed until the harvest is reported as required by this section. Successful hunters may dismember the carcass to pack it out from the place of kill as long as they do not destroy the identity of the sex and all parts of the carcass are present when the animal or bird is reported.⁷ F. Processed carcass parts of a bear, deer, elk, or turkey killed legally in Virginia may be transported. However, upon request of any authorized law-enforcement officer, sufficient verbal or written information necessary to properly establish legal possession must be furnished immediately.⁸ G. Upon killing a bear, deer, elk, or turkey within an area designated by the department for disease management and on days designated by the department, the hunter shall present the carcass at or submit carcass parts or samples as directed by the department to a location designated by the department for the purposes of disease surveillance or biological monitoring.⁹ H. A premolar tooth must be removed by the hunter after reporting the harvest of a bear through the department's electronic harvest reporting system. The premolar shall be placed in an envelope furnished by the department and labeled with the hunter's full name, confirmation number, date of kill, and the sex of the harvested bear. This envelope with the premolar and accompanying information must be mailed or delivered to the department no later than 14 days after the close of the bear harvest season.¹⁰ I. Any bear, deer, elk, or turkey found in possession of any person that has not been reported as required by this section shall be forfeited to the Commonwealth to be disposed of as provided by law.¹¹ J. It shall be unlawful to provide false statements or record false information when tagging or reporting the harvest of any wild animal or bird to the department, any agent of the department, or any taxidermist.¹²

Provision-Level Authorization Analysis

Provision 1

"A. If a hunter holds a license or permit to kill a bear, deer, elk, or turkey, t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, allowing the Board to establish specific requirements, such as the validation of tags for hunters, which directly relates to the regulation's focus on the proper handling of game animals. The legal significance of this authorization relationship is that it enables the Board to create detailed regulations necessary for effective wildlife conservation and management while remaining within the framework established by the statute.

CROSS-REFERENCE § 29.1-339

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 3. Licenses › Article 1. Hunting, Trapping and Fishing Licenses › § 29.1-339. Complimentary licenses The Director is authorized to issue complimentary hunting licenses and complimentary fishing licenses to the field inspectors of the Unite...

EXCEPTION § 29.1-301

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 3. Licenses › Article 1. Hunting, Trapping and Fishing Licenses › § 29.1-301. Exemptions from license requirements A. No license shall be required of landowners, their spouses, their children and grandchildren and the spouses of such child...

Provision 2

"2. Upon killing a bear, deer, elk, or turkey and validating (i.e., notching) a p..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the validation and transport of carcasses, as it directly relates to the killing and transportation of wild animals, thus falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations that ensure compliance with the overarching statutory framework, thereby facilitating effective wildlife management and conservation efforts.

CROSS-REFERENCE § 29.1-339

EXCEPTION § 29.1-301

Provision 3

"3. After the harvest of a bear, deer, elk, or turkey is reported, no written doc..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad grant of authority encompasses the regulation by allowing the Board to establish rules regarding the documentation requirements for hunters after the harvest of certain game, which falls under the category of possession and transportation. The legal significance of this authorization relationship is that it enables the Board to create flexible regulations that can adapt to practical circumstances in wildlife management while remaining within the scope of the statutory framework.

CROSS-REFERENCE § 29.1-339

EXCEPTION § 29.1-301

Provision 4

"B. If a hunter is exempt from license requirements or holds a license authorizat..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the conditions under which hunters may transport carcasses, thereby justifying the regulation's requirements for hunters who are exempt from licensing or hold specific license authorization numbers. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations that ensure compliance with wildlife management practices while remaining within the scope of the authority granted by the statute.

CROSS-REFERENCE § 29.1-339

EXCEPTION § 29.1-301

Provision 5

"C. Any hunter or trapper who kills a bobcat shall report the kill within 24 hour..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of specific reporting requirements, such as the obligation for hunters and trappers to report kills, which falls under the regulation of hunting practices and wildlife management. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations that ensure effective monitoring and management of wildlife resources, thereby supporting conservation efforts and compliance with hunting laws.

CROSS-REFERENCE § 29.1-339

EXCEPTION § 29.1-301

Provision 6

"D. Any hunter or trapper who kills a gray fox shall report the kill within 24 ho..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority encompasses the regulation requiring hunters and trappers to report the kill of a gray fox, as it falls within the scope of managing the taking of wild animals and ensuring proper tracking of wildlife populations. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures for wildlife conservation and management without needing to seek further specific legislative approval for each regulation.

CROSS-REFERENCE § 29.1-339

EXCEPTION § 29.1-301

Provision 7

"E. It shall be unlawful for any person to destroy the identity of the sex of any..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's requirement that hunters must maintain the identity of the sex of certain game animals until the harvest is reported, as it pertains to the taking and possession of wildlife. The legal significance of this authorization relationship is that it allows the Board to establish specific rules that ensure compliance with wildlife management practices, thereby supporting conservation efforts under the general authority provided by the statute.

CROSS-REFERENCE § 29.1-339

EXCEPTION § 29.1-301

Provision 8

"F. Processed carcass parts of a bear, deer, elk, or turkey killed legally in Vir..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the transportation of wild animals. This broad grant of authority encompasses the regulation concerning the transportation of processed carcass parts, as it falls within the scope of managing the possession and movement of wildlife resources. The legal significance of this authorization relationship is that it allows the Board to establish detailed regulations necessary for effective wildlife management while ensuring compliance with statutory mandates.

CROSS-REFERENCE § 29.1-339

EXCEPTION § 29.1-301

Provision 9

"G. Upon killing a bear, deer, elk, or turkey within an area designated by the de..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, and management of wild birds and animals, including provisions for their capture and transportation. This broad grant of authority allows the Board to establish specific regulations, such as the requirement for hunters to present carcasses or samples for disease management, as it falls within the scope of managing wildlife and ensuring public health. The legal significance of this authorization relationship is that it empowers the Board to implement necessary measures for wildlife management without requiring further legislative approval, thereby facilitating timely and effective regulation in response to emerging issues.

CROSS-REFERENCE § 29.1-339

EXCEPTION § 29.1-301

Provision 10

"H. A premolar tooth must be removed by the hunter after reporting the harvest of..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to establish specific requirements, such as the removal of a premolar tooth from a bear after harvest, as it directly pertains to the regulation of hunting practices and the management of wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations necessary for effective wildlife management and conservation, ensuring compliance with the overarching statutory framework.

CROSS-REFERENCE § 29.1-339

EXCEPTION § 29.1-301

Provision 11

"I. Any bear, deer, elk, or turkey found in possession of any person that has not..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the forfeiture of unreported wildlife, as it directly pertains to the possession and management of wild animals, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to ensure compliance with wildlife management practices, thereby promoting conservation and responsible use of natural resources.

CROSS-REFERENCE § 29.1-339

EXCEPTION § 29.1-301

Provision 12

"J. It shall be unlawful to provide false statements or record false information ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad grant of authority encompasses the regulation prohibiting false statements or records when reporting harvests, as it directly relates to the accurate management and oversight of wildlife resources. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to ensure compliance and integrity in wildlife management practices, thereby supporting effective conservation efforts.

CROSS-REFERENCE § 29.1-339

EXCEPTION § 29.1-301

Game: Bear

4VAC15-50-11

Express

General

Overreach

Unauthorized

Requirements

A. It shall be lawful to hunt bears in the following localities, including the cities and towns therein, during the following seasons: Location Season Accomack County Closed Albemarle County The fourth Monday in November through the first Saturday in January, both dates inclusive. Alleghany County The fourth Monday in November through the first Saturday in January, both dates inclusive. Amelia County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Amherst County The fourth Monday in November through the first Saturday in January, both dates inclusive. Appomattox County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Arlington County The fourth Monday in November through the first Saturday in January, both dates inclusive. Augusta County The fourth Monday in November through the first Saturday in January, both dates inclusive. Bath County The fourth Monday in November through the first Saturday in January, both dates inclusive. Bedford County The fourth Monday in November through the first Saturday in January, both dates inclusive. Bland County Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Botetourt County The fourth Monday in November through the first Saturday in January, both dates inclusive. Brunswick County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Buchanan County Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Buckingham County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Campbell County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Caroline County Fourth Monday in November through the first Saturday in January, both dates inclusive. Carroll County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Charles City County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Charlotte County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Chesapeake (City of) October 1 through the first Saturday in January, both dates inclusive. Chesterfield County Fourth Monday in November through the first Saturday in January, both dates inclusive. Clarke County The fourth Monday in November through the first Saturday in January, both dates inclusive. Craig County Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Culpeper County Fourth Monday in November through the first Saturday in January, both dates inclusive. Cumberland County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Dickenson County Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Dinwiddie County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Essex County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Fairfax County The fourth Monday in November through the first Saturday in January, both dates inclusive. Fauquier County The fourth Monday in November through the first Saturday in January, both dates inclusive. Floyd County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Fluvanna County Fourth Monday in November through the first Saturday in January, both dates inclusive. Franklin County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Frederick County The fourth Monday in November through the first Saturday in January, both dates inclusive. Giles County Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Gloucester County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Goochland County Fourth Monday in November through the first Saturday in January, both dates inclusive. Grayson County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Greene County The fourth Monday in November through the first Saturday in January, both dates inclusive. Greensville County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Halifax County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Hanover County Fourth Monday in November through the first Saturday in January, both dates inclusive. Henrico County Fourth Monday in November through the first Saturday in January, both dates inclusive. Henry County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Highland County The fourth Monday in November through the first Saturday in January, both dates inclusive. Isle of Wight County Monday nearest December 2 through the first Saturday in January, both dates inclusive. James City County Monday nearest December 2 through the first Saturday in January, both dates inclusive. King and Queen County Monday nearest December 2 through the first Saturday in January, both dates inclusive. King George County Monday nearest December 2 through the first Saturday in January, both dates inclusive. King William County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Lancaster County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Lee County Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Loudoun County The fourth Monday in November through the first Saturday in January, both dates inclusive. Louisa County Fourth Monday in November through the first Saturday in January, both dates inclusive. Lunenburg County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Madison County The fourth Monday in November through the first Saturday in January, both dates inclusive. Mathews County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Mecklenburg County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Middlesex County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Montgomery County (southeast of I-81) Monday nearest December 2 through the first Saturday in January, both dates inclusive. Montgomery County (northwest of I-81) Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Nelson County The fourth Monday in November through the first Saturday in January, both dates inclusive. New Kent County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Northampton County Closed Northumberland County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Nottoway County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Orange County Fourth Monday in November through the first Saturday in January, both dates inclusive. Page County The fourth Monday in November through the first Saturday in January, both dates inclusive. Patrick County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Pittsylvania County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Powhatan County Fourth Monday in November through the first Saturday in January, both dates inclusive. Prince Edward County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Prince George County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Prince William County The fourth Monday in November through the first Saturday in January, both dates inclusive. Pulaski County (southeast of I-81) Monday nearest December 2 through the first Saturday in January, both dates inclusive. Pulaski County (northwest of I-81) Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Rappahannock County The fourth Monday in November through the first Saturday in January, both dates inclusive. Richmond County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Roanoke County Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Rockbridge County The fourth Monday in November through the first Saturday in January, both dates inclusive. Rockingham County The fourth Monday in November through the first Saturday in January, both dates inclusive. Russell County Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Scott County Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Shenandoah County The fourth Monday in November through the first Saturday in January, both dates inclusive. Smyth County (southeast of I-81) Monday nearest December 2 through the first Saturday in January, both dates inclusive. Smyth County (northwest of I-81) Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Southampton County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Spotsylvania County Fourth Monday in November through the first Saturday in January, both dates inclusive. Stafford County The fourth Monday in November through the first Saturday in January, both dates inclusive. Suffolk (City of) October 1 through the first Saturday in January, both dates inclusive. Surry County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Sussex County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Tazewell County Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Virginia Beach (City of) October 1 through the first Saturday in January, both dates inclusive. Warren County The fourth Monday in November through the first Saturday in January, both dates inclusive. Washington County (southeast of I-81) Monday nearest December 2 through the first Saturday in January, both dates inclusive. Washington County (northwest of I-81) Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Westmoreland County Monday nearest December 2 through the first Saturday in January, both dates inclusive. Wise County Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. Wythe County (southeast of I-81) Monday nearest December 2 through the first Saturday in January, both dates inclusive. Wythe County (northwest of I-81) Monday following the last Saturday in September and for two days following; and the fourth Monday in November through the first Saturday in January, both dates inclusive. York County Monday nearest December 2 through the first Saturday in January, both dates inclusive.¹ B. Notwithstanding provisions of subsection A of this section, bears may be hunted from the first Saturday in October through the first Saturday in January, both dates inclusive, within the incorporated limits of any town or city that allows bear hunting.²

Provision-Level Authorization Analysis

Provision 1

"A. It shall be lawful to hunt bears in the following localities, including the c..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific hunting seasons and locations for various species, which is reflected in the regulation that outlines lawful hunting periods for bears in designated areas. The legal significance of this authorization relationship is that it empowers the Board to manage wildlife resources effectively while ensuring compliance with the overarching statutory framework.

Provision 2

"B. Notwithstanding provisions of subsection A of this section, bears may be hunt..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation allowing bear hunting within specified timeframes and locations, as it falls under the category of hunting and taking of wild animals. The legal significance of this authorization relationship is that it enables the Board to establish specific hunting regulations that reflect local preferences and conditions while remaining within the overarching framework provided by the statute.

Game: Bear

4VAC15-50-12

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful for hunters 15 years of age and younger and holders of a valid apprentice hunting license, when in compliance with all applicable laws and license requirements, to hunt bears on the second Saturday in October 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.¹ Adult hunters accompanying youth or apprentice bear hunters on this weekend may not carry or discharge weapons.² Bear bag limit, weight limits, and all other take restrictions specifically provided in the sections appearing in this chapter apply to this youth weekend.³ Bear hunting with dogs is prohibited in the Counties of Accomack, Campbell (west of Norfolk Southern Railroad), Fairfax, Grayson (west of Route 16), Henry, Loudoun, Northampton, Patrick, Pittsylvania (west of Norfolk Southern Railroad), Roanoke (south of Interstate 81), Smyth (south of Interstate 81 and west of Route 16), Washington (south of Interstate 81); in the City of Lynchburg; and on Amelia, Chester F.⁴ Richard Thompson, and Pettigrew Wildlife Management Areas.⁵ Tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.⁶

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful for hunters 15 years of age and younger and holders of a val..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific hunting regulations, such as those pertaining to age and licensing requirements for bear hunting, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed regulations that ensure the management and conservation of wildlife while adhering to the overarching statutory framework.

EXCEPTION § 29.1-516.1

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 2. Hunting and Trapping › § 29.1-516.1. Using tracking dogs to retrieve bear, deer, or turkey Tracking dogs maintained and controlled on a lead may be used to find a wounded or dead bear, turkey, or deer...

Provision 2

"Adult hunters accompanying youth or apprentice bear hunters on this weekend may ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting and taking of wild birds and animals, which includes setting rules for hunting practices. The regulation restricting adult hunters from carrying or discharging weapons while accompanying youth or apprentice bear hunters falls within the Board's broad authority to regulate hunting practices to ensure safety and proper management of wildlife. This authorization relationship signifies that the regulation is consistent with the statute's intent to manage hunting activities effectively, thereby justifying the GENERAL_DELEGATION level.

EXCEPTION § 29.1-516.1

Provision 3

"Bear bag limit, weight limits, and all other take restrictions specifically prov..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including the hunting and taking of wild animals. This broad language allows the Board to establish specific rules, such as bag limits and restrictions on the taking of wildlife, which directly align with the overarching intent of managing wildlife resources effectively. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations necessary for the sustainable management of wildlife, ensuring compliance with the statutory framework while allowing for flexibility in addressing specific circumstances.

EXCEPTION § 29.1-516.1

Provision 4

"Bear hunting with dogs is prohibited in the Counties of Accomack, Campbell (wes..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and capturing of wild animals. This broad grant of authority allows the Board to establish specific regulations, such as the prohibition of bear hunting with dogs in designated counties, as it falls within the scope of managing the taking and hunting of wild animals. The legal significance of this authorization relationship is that it enables the Board to implement detailed regulations necessary for effective wildlife conservation and management, reflecting the legislative intent to provide flexibility in addressing regional wildlife issues.

EXCEPTION § 29.1-516.1

Provision 5

"Richard Thompson, and Pettigrew Wildlife Management Areas."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including hunting, taking, and possession of wild birds and animals. This broad language allows for the establishment of regulations that address specific areas of wildlife management, such as the management of designated wildlife areas, which falls under the general authority granted to the Board. The legal significance of this authorization relationship is that it enables the Board to implement detailed regulations necessary for effective wildlife conservation and management without requiring further specific legislative approval.

EXCEPTION § 29.1-516.1

Provision 6

"Tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, animals, and inland water fish. This broad language encompasses various aspects of wildlife management, allowing the regulation concerning the use of tracking dogs to fall within the general authority to regulate hunting practices. The legal significance of this relationship is that it enables the Board to implement specific measures that support effective wildlife management without needing to seek additional, specific legislative approval for each regulation.

EXCEPTION § 29.1-516.1

Game: Bear

4VAC15-50-40

Express

General

Overreach

Unauthorized

Requirements

The bag limit for bear shall be one a license year.¹

Provision-Level Authorization Analysis

Provision 1

"The bag limit for bear shall be one a license year."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad language allows the Board to establish specific parameters, such as bag limits for hunting, under the general authority to regulate the hunting and taking of wild animals. The legal significance of this relationship is that it empowers the Board to make detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

Game: Bear

4VAC15-50-50

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to kill a bear of less than 100 pounds live weight or less than 75 pounds dressed weight (entrails and internal organs removed).¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to kill a bear of less than 100 pounds live weight or less ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific regulations, such as the prohibition on killing bears below certain weight thresholds, as it falls within the scope of managing wildlife populations and ensuring sustainable practices. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for the effective enforcement and management of wildlife resources, reflecting the legislative intent to provide flexibility in addressing conservation needs.

Game: Bear

4VAC15-50-60

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to take or kill a female bear accompanied by a cub.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to take or kill a female bear accompanied by a cub."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of wildlife management issues, including the protection of specific species and their young, which justifies the regulation prohibiting the taking or killing of a female bear accompanied by a cub. The legal significance of this authorization relationship is that it allows the Board to implement necessary conservation measures to ensure the sustainability of wildlife populations under its jurisdiction.

Game: Bear

4VAC15-50-70

Express

General

Overreach

Unauthorized

Requirements

A. It shall be lawful to hunt bear during the special archery season with archery equipment from the first Saturday in October through the Friday prior to the third Monday in November, both dates inclusive.¹ B. It shall be unlawful to carry firearms while hunting with archery equipment during the special archery seasons, except that hunters 15 years of age and under and apprentice hunters may be in possession of firearms while hunting on youth and apprentice hunter bear hunting weekend as authorized by 4VAC15-50-12 and except that a muzzleloading gun, as defined in 4VAC15-50-71 , may be in the possession of a properly licensed muzzleloading gun hunter when and where the early special archery bear season overlaps the early special muzzleloading bear season.² C. It shall be unlawful to use dogs when hunting with archery equipment during the special archery season, except that hounds may be used by hunters participating in the youth and apprentice hunter bear hunting weekend in areas as defined in 4VAC15-50-12 , and that tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.³

Provision-Level Authorization Analysis

Provision 1

"A. It shall be lawful to hunt bear during the special archery season with arche..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, allowing the Board to establish specific hunting seasons and methods, such as the regulation permitting bear hunting with archery equipment during a designated timeframe. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure sustainable wildlife practices while remaining within the scope of the general authority provided by the statute.

EXCEPTION § 29.1-516.1

Provision 2

"B. It shall be unlawful to carry firearms while hunting with archery equipment ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and possession of wild animals. This broad grant of authority allows the Board to establish specific rules, such as the prohibition of carrying firearms while hunting with archery equipment, as it pertains to the regulation of hunting practices and the safety of wildlife management. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that are necessary to effectively manage and protect wildlife, ensuring compliance with the overarching statutory framework.

EXCEPTION § 29.1-516.1

Provision 3

"C. It shall be unlawful to use dogs when hunting with archery equipment during ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific rules, such as the prohibition on using dogs when hunting with archery equipment, while also permitting exceptions for certain events, which aligns with the overarching intent of managing wildlife and hunting practices. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that address specific circumstances within the broader framework established by the statute, ensuring effective wildlife management and compliance with hunting regulations.

EXCEPTION § 29.1-516.1

Game: Bear

4VAC15-50-71

Express

General

Overreach

Unauthorized

Requirements

the purpose of this section, include:¹ 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 2. Muzzleloading shotguns (one or more barrels) not larger than 10 gauge where the projectiles are loaded from the muzzle;³ 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; and⁴ 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.⁵ D. 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.⁶

Provision-Level Authorization Analysis

Provision 1

"the purpose of this section, include:"

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including hunting, taking, and possession of wild birds and animals. This broad language allows for GENERAL_DELEGATION because it empowers the Board to establish detailed provisions that align with the overarching goals of wildlife conservation and management without needing further legislative approval for each specific regulation. The legal significance of this relationship is that it enables the Board to respond effectively and efficiently to changing circumstances in wildlife management while remaining within the framework established by the statute.

EXCEPTION § 29.1-516.1

Provision 2

"1. Single shot muzzleloading rifles.40 caliber or larger, firing a single projec..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation concerning single shot muzzleloading rifles introduces specific technical requirements for firearms that are not explicitly mentioned in the statute, which only addresses general activities related to wildlife management. The legal significance of this relationship is that the regulation may exceed the Board's authority by imposing restrictions or specifications that go beyond the scope of what the statute permits, potentially infringing on the legislative intent.

EXCEPTION § 29.1-516.1

Provision 3

"2. Muzzleloading shotguns (one or more barrels) not larger than 10 gauge where t..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad language allows the board to establish regulations that address various aspects of its jurisdiction, including the specifications for muzzleloading shotguns, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the board to create detailed regulations that are essential for the effective management and enforcement of the statutory framework without needing further specific legislative approval.

EXCEPTION § 29.1-516.1

Provision 4

"3. Muzzleloading pistols (one or more barrels).45 caliber or larger, firing a si..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to establish detailed specifications, such as those for muzzleloading pistols, which fall within the scope of regulations that the board is empowered to create. The legal significance of this relationship is that it enables the board to effectively regulate specific aspects of firearms, ensuring compliance with statutory mandates while exercising its delegated authority.

EXCEPTION § 29.1-516.1

Provision 5

"4. Muzzleloading revolvers.45 caliber or larger, firing a single projectile or s..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation concerning muzzleloading revolvers introduces specific technical specifications for firearms that do not directly relate to the activities of hunting or taking wildlife as outlined in the statute, which may lead to POTENTIAL_OVERREACH. The legal significance of this relationship is that the regulation may extend beyond the scope of the statutory authority granted to the Board, potentially infringing on rights or imposing restrictions not explicitly authorized by the statute.

EXCEPTION § 29.1-516.1

Provision 6

"D. It shall be unlawful to have in immediate possession any firearm other than a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific rules, such as the prohibition of firearms other than muzzleloading guns during a special muzzleloading season, which falls under the regulation of hunting practices. The legal significance of this relationship is that it enables the Board to create detailed regulations necessary for the effective management and conservation of wildlife, ensuring compliance with the overarching statutory framework.

EXCEPTION § 29.1-516.1

Game: Bear

4VAC15-50-100

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to trap bear at any time.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to trap bear at any time."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities concerning wildlife management, allowing the Board to regulate practices such as trapping, which is directly addressed by the regulation prohibiting the trapping of bears. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations for wildlife conservation and management without needing further specific legislative approval, thereby facilitating effective governance.

Game: Bear

4VAC15-50-110

Express

General

Overreach

Unauthorized

Requirements

A. It shall be unlawful to use dogs for the hunting of bear on the Saturday prior to the third Monday in November and for 15 consecutive days following in the counties west of the Blue Ridge Mountains and 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, and Nelson (west of Route 151) and within the boundaries of the national forests, except that tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.¹ B. It shall be unlawful to use dogs for the hunting of bear on the Saturday prior to the third Monday in November and for 13 consecutive days following in the Counties of Greene and Madison, except that tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.² C. It shall be unlawful to use dogs for the hunting of bear during the open season prescribed in 4VAC15-50-11 in the Counties of Campbell (west of Norfolk Southern Railroad), Carroll (east of the New River), Fairfax, Floyd, Franklin, Grayson (east of the New River), Henry, Loudoun, Montgomery (south of Interstate 81), Patrick, Pittsylvania (west of Norfolk Southern Railroad), Pulaski (south of Interstate 81), Roanoke (south of Interstate 81), and Wythe (southeast of the New River or that part bounded by Route 21 on the west, Interstate 81 on the north, the county line on the east, the New River on the southeast, and Cripple Creek on the south); in the City of Lynchburg; and on Amelia, Chester F. Phelps, G. Richard Thompson, and Pettigrew Wildlife Management Areas, except that tracking dogs as described in § 29.1-516.1 of the Code of Virginia may be used.³

Provision-Level Authorization Analysis

Provision 1

"A. It shall be unlawful to use dogs for the hunting of bear on the Saturday prio..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the use of dogs for hunting bear, as it falls under the category of hunting and reflects the Board's responsibility to manage wildlife and ensure sustainable practices. The legal significance of this authorization relationship is that it allows the Board to implement specific regulations that address wildlife management issues while remaining within the framework established by the statute.

EXCEPTION § 29.1-516.1

Provision 2

"B. It shall be unlawful to use dogs for the hunting of bear on the Saturday prio..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific hunting regulations, such as the prohibition on using dogs for bear hunting during certain periods in specified counties, as it falls within the scope of managing wildlife and hunting practices. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure sustainable wildlife management while adhering to the overarching statutory framework.

EXCEPTION § 29.1-516.1

Provision 3

"C. It shall be unlawful to use dogs for the hunting of bear during the open seas..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the use of dogs for hunting bear, as it directly pertains to the hunting practices and methods that the Board is empowered to regulate. The legal significance of this authorization relationship is that it allows the Board to establish specific rules within the framework of the statutory authority, ensuring that hunting practices are managed in a manner that aligns with wildlife conservation and public safety objectives.

EXCEPTION § 29.1-516.1

Game: Bear

4VAC15-50-120

Express

General

Overreach

Unauthorized

Requirements

the purpose of this section shall include having a firearm, bow, crossbow, or any weapon capable of taking a black bear in or on one's person, vehicle, or conveyance.¹

Provision-Level Authorization Analysis

Provision 1

"the purpose of this section shall include having a firearm, bow, crossbow, or an..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, and possession of wild birds and animals, including the means by which they may be hunted. This broad grant of authority encompasses the regulation concerning the possession of weapons for hunting black bears, as it directly relates to the methods of taking wild animals as outlined in the statute. The legal significance of this authorization relationship is that it allows the Board to establish detailed regulations necessary for the effective management and conservation of wildlife, ensuring compliance with the overarching statutory framework.

Game: Beaver

4VAC15-60-10

Express

General

Overreach

Unauthorized

Requirements

There shall be a continuous closed season for the hunting or shooting of beaver on all public lands and waters of the Commonwealth.¹

Provision-Level Authorization Analysis

Provision 1

"There shall be a continuous closed season for the hunting or shooting of beaver ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the establishment of closed seasons for specific species, which justifies the regulation concerning the continuous closed season for beaver hunting on public lands and waters. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures for wildlife conservation and management without needing further legislative approval, thereby facilitating timely and effective regulation.

Game: Beaver

4VAC15-60-20

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to trap beaver from December 1 through the last day of February, both dates inclusive, except there shall be a continuous open season to trap beaver within the incorporated limits of any city or town in the Commonwealth and in the counties of Arlington, Chesterfield, Fairfax, Henrico, James City, Loudoun, Prince William, Spotsylvania, Stafford, Roanoke and York.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to trap beaver from December 1 through the last day of Februa..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the trapping of beaver, as it falls within the category of taking and capturing wild animals, thereby allowing for the establishment of specific trapping seasons and conditions. The legal significance of this authorization relationship is that it enables the Board to create detailed regulations that address wildlife management and conservation, ensuring that such activities are conducted in a regulated and sustainable manner.

Game: Bobcat

4VAC15-70-10

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to hunt bobcat by day and night from November 1 through the last day in February, both dates inclusive.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to hunt bobcat by day and night from November 1 through the l..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, allowing for the establishment of specific hunting seasons and methods, such as the regulation permitting the hunting of bobcats during designated months. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that align with the overarching statutory framework, ensuring effective wildlife conservation and management.

Game: Bobcat

4VAC15-70-20

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to trap bobcat from November 15 through the last day of February, both dates inclusive.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to trap bobcat from November 15 through the last day of Febru..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the specific regulation that establishes a lawful timeframe for trapping bobcats, thereby fitting within the general authority granted to the Board. The legal significance of this relationship is that it allows the Board to implement detailed regulations that are necessary for effective wildlife conservation and management, reflecting the broader intent of the statute.

Game: Bobcat

4VAC15-70-30

Express

General

Overreach

Unauthorized

Requirements

The bag limit for hunting bobcat shall be two per hunting party, taken between noon of one day and noon the following day.¹

Provision-Level Authorization Analysis

Provision 1

"The bag limit for hunting bobcat shall be two per hunting party, taken between n..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language allows the Board to establish specific rules, such as bag limits for hunting certain species, under the general framework of managing wildlife resources. The legal significance of this relationship is that it enables the Board to effectively regulate hunting practices to ensure sustainable wildlife populations while maintaining flexibility in addressing specific management needs.

Game: Bobcat

4VAC15-70-40

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to use dogs for the hunting of bobcats during the open season for hunting deer in the counties of Alleghany, 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), Augusta, Bath, Bedford, Botetourt, Campbell (west of Norfolk Southern Railroad), Clarke, Frederick, Highland, Nelson (west of Route 151), Page, Pittsylvania (west of Norfolk Southern Railroad), Rockbridge, Rockingham, Shenandoah and Warren, and within the boundaries of the national forests.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to use dogs for the hunting of bobcats during the open seas..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the use of dogs for hunting bobcats, as it falls within the scope of hunting regulations that the Board is empowered to establish. The legal significance of this authorization relationship is that it allows the Board to implement specific hunting restrictions to manage wildlife populations effectively and ensure sustainable practices, reflecting the intent of the statute.

Game: Bobcat

4VAC15-70-50

Express

General

Overreach

Unauthorized

Requirements

Pelts to be sealed before sale, etc. It shall be unlawful to buy, sell, barter, traffic or trade in, bargain for, solicit for, purchase, or transport out of the Commonwealth, any bobcat pelts until the pelts have been sealed by an agent or other individual designated by the department.¹ This requirement shall not apply to licensed taxidermists who ship bobcat pelts out of state for tanning purposes or to individuals who ship bobcat pelts out of state to be tanned for personal use.² All bobcat pelts or unskinned carcasses required to be sealed under the provisions of this section must be sealed not later than April 1 of the license year in which the animal is taken.³

Provision-Level Authorization Analysis

Provision 1

"Pelts to be sealed before sale, etc. It shall be unlawful to buy, sell, barter, ..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically states that the Board may promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation requiring that bobcat pelts be sealed before any sale or transportation appears to exceed the statutory authorization because it imposes an additional requirement not explicitly mentioned in the statute, which only grants authority over the general categories of wildlife management without detailing specific sealing procedures. The legal significance of this relationship is that the regulation may impose restrictions beyond what the statute allows, potentially infringing on the rights of individuals to engage in lawful commerce with wildlife products.

Provision 2

"This requirement shall not apply to licensed taxidermists who ship bobcat pelts ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities and allows for the establishment of specific exemptions, such as the one outlined in the regulation regarding licensed taxidermists and individuals shipping bobcat pelts for tanning purposes. The legal significance of this authorization relationship is that it enables the Board to create regulations that adapt to practical circumstances while remaining within the expansive framework provided by the statute.

Provision 3

"All bobcat pelts or unskinned carcasses required to be sealed under the provisio..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the sealing of bobcat pelts or unskinned carcasses, as it falls within the realm of possession and transportation of wildlife, thereby justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations necessary for the management and conservation of wildlife without requiring specific legislative approval for each individual regulation.

Game: Bobcat

4VAC15-70-60

Express

General

Overreach

Unauthorized

Requirements

A. Season. It shall be lawful to hunt bobcats with bow and arrow, crossbow, or slingbow from the first Saturday in October through October 31, both dates inclusive.¹ B. Carrying firearms prohibited. It shall be unlawful to carry firearms while hunting with bow and arrow, crossbow, or slingbow during the special archery seasons.² C. Use of dogs prohibited during the special archery season. It shall be unlawful to use dogs when hunting with bow and arrow, crossbow, or slingbow during any special archery season.³

Provision-Level Authorization Analysis

Provision 1

"A. Season. It shall be lawful to hunt bobcats with bow and arrow, crossbow, or s..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the lawful hunting of bobcats, as it falls within the scope of hunting and taking of wild animals, thereby justifying the use of GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to create specific hunting regulations without needing further legislative approval, ensuring efficient management of wildlife resources.

Provision 2

"B. Carrying firearms prohibited. It shall be unlawful to carry firearms while hu..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses regulations that govern hunting practices, including the prohibition of carrying firearms during specific hunting methods, thereby justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to create detailed regulations necessary for the effective management and conservation of wildlife, ensuring compliance with the overarching statutory framework.

Provision 3

"C. Use of dogs prohibited during the special archery season. It shall be unlawfu..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting and taking of wild birds and animals, which includes establishing rules to ensure the integrity and safety of hunting practices. This broad language allows the Board to regulate various aspects of hunting, including the methods and equipment used, thereby justifying the regulation that prohibits the use of dogs during the special archery season as a measure to maintain fair hunting conditions. The legal significance of this authorization relationship is that it empowers the Board to create specific regulations that align with the overarching goals of wildlife management and conservation, ensuring that hunting practices are conducted in a regulated and responsible manner.

Game: Crow

4VAC15-80-10

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to hunt crow on Monday, Wednesday, Friday, and Saturday of each week from the third Saturday in August through the third Friday in March, both dates inclusive.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to hunt crow on Monday, Wednesday, Friday, and Saturday of ea..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the lawful hunting of crows, as it falls within the category of hunting and taking of wild birds, thereby justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to establish specific hunting regulations under the umbrella of its statutory authority, ensuring that the management of wildlife is conducted in a regulated and organized manner.

Game: Deer

4VAC15-90-10

Express

General

Overreach

Unauthorized

Requirements

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. Locality Season Accomack County Saturday prior to the third Monday in November through the first Saturday in January Albemarle County Saturday prior to the third Monday in November through the first Saturday in January Alleghany County Saturday prior to the third Monday in November and for 14 consecutive days following Amelia County Saturday prior to the third Monday in November through the first Saturday in January 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, except on national forest lands) Saturday prior to the third Monday in November and for 28 consecutive days following Amherst County (national forest lands) Saturday prior to the third Monday in November and for 14 consecutive days following Amherst County (east of Business U.S. 29, as defined above) Saturday prior to the third Monday in November through the first Saturday in January Appomattox County Saturday prior to the third Monday in November through the first Saturday in January Arlington County Saturday prior to the third Monday in November through the first Saturday in January Arlington County (antlerless deer only) 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 Augusta County Saturday prior to the third Monday in November and for 14 consecutive days following Bath County Saturday prior to the third Monday in November and for 14 consecutive days following Bedford County (except on national forest lands) Saturday prior to the third Monday in November and for 28 consecutive days following Bedford County (national forest lands) Saturday prior to the third Monday in November and for 14 consecutive days following Bedford County (private lands and antlerless deer only) First Saturday in September through the Friday prior to the first Saturday in October and the Sunday following the first Saturday in January through January 31 Bland County Saturday prior to the third Monday in November and for 14 consecutive days following Botetourt County Saturday prior to the third Monday in November and for 14 consecutive days following Brunswick County Saturday prior to the third Monday in November through the first Saturday in January Buchanan County Saturday prior to the third Monday in November and for 14 consecutive days following Buckingham County Saturday prior to the third Monday in November through the first Saturday in January Campbell County Saturday prior to the third Monday in November through the first Saturday in January Caroline County Saturday prior to the third Monday in November through the first Saturday in January Carroll County (private lands) Saturday prior to the third Monday in November and for 28 consecutive days following Carroll County (public lands) Saturday prior to the third Monday in November and for 14 consecutive days following Carroll County (private lands and antlerless deer only) 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 Charles City County Saturday prior to the third Monday in November through the first Saturday in January Charlotte County Saturday prior to the third Monday in November through the first Saturday in January Chesapeake (City of) October 1 through November 30 Chesterfield County Saturday prior to the third Monday in November through the first Saturday in January Clarke County Saturday prior to the third Monday in November through the first Saturday in January Clarke County (antlerless deer only) 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 Craig County Saturday prior to the third Monday in November and for 14 consecutive days following Culpeper County (except Chester F. Phelps Wildlife Management Area) Saturday prior to the third Monday in November through the first Saturday in January Culpeper County (Chester F. Phelps Wildlife Management Area) Saturday prior to the third Monday in November and for 14 consecutive days following Culpeper County (private lands and antlerless deer only) 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 Cumberland County Saturday prior to the third Monday in November through the first Saturday in January Dickenson County Saturday prior to the third Monday in November and for 14 consecutive days following Dinwiddie County Saturday prior to the third Monday in November through the first Saturday in January Essex County Saturday prior to the third Monday in November through the first Saturday in January Fairfax County Saturday prior to the third Monday in November through the first Saturday in January Fairfax County (antlerless deer only) 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 Fauquier County (except Chester F. Phelps Wildlife Management Area) Saturday prior to the third Monday in November through the first Saturday in January Fauquier County (Chester F. Phelps Wildlife Management Area) Saturday prior to the third Monday in November and for 14 consecutive days following Fauquier County (private lands and antlerless deer only) 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 Floyd County Saturday prior to the third Monday in November and for 28 consecutive days following Floyd County (antlerless deer only) 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 Fluvanna County Saturday prior to the third Monday in November through the first Saturday in January Franklin County Saturday prior to the third Monday in November and for 28 consecutive days following Frederick County (non-national forest lands) Saturday prior to the third Monday in November through the first Saturday in January Frederick County (national forest lands) Saturday prior to the third Monday in November and for 14 consecutive days following Frederick County (non-national forest lands antlerless deer only) 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 Giles County Saturday prior to the third Monday in November and for 14 consecutive days following Gloucester County Saturday prior to the third Monday in November through the first Saturday in January Goochland County Saturday prior to the third Monday in November through the first Saturday in January Grayson County Saturday prior to the third Monday in November and for 14 consecutive days following Greene County Saturday prior to the third Monday in November through the first Saturday in January Greensville County Saturday prior to the third Monday in November through the first Saturday in January Halifax County Saturday prior to the third Monday in November through the first Saturday in January Hanover County Saturday prior to the third Monday in November through the first Saturday in January Henrico County Saturday prior to the third Monday in November through the first Saturday in January Henry County Saturday prior to the third Monday in November and for 28 consecutive days following Highland County Saturday prior to the third Monday in November and for 14 consecutive days following Isle of Wight County Saturday prior to the third Monday in November through the first Saturday in January James City County Saturday prior to the third Monday in November through the first Saturday in January King and Queen County Saturday prior to the third Monday in November through the first Saturday in January King George County Saturday prior to the third Monday in November through the first Saturday in January King William County Saturday prior to the third Monday in November through the first Saturday in January Lancaster County Saturday prior to the third Monday in November through the first Saturday in January Lee County Saturday prior to the third Monday in November and for 14 consecutive days following Loudoun County Saturday prior to the third Monday in November through the first Saturday in January Loudoun County (antlerless deer only) 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 Louisa County Saturday prior to the third Monday in November through the first Saturday in January Lunenburg County Saturday prior to the third Monday in November through the first Saturday in January Madison County Saturday prior to the third Monday in November through the first Saturday in January Madison County (private lands and antlerless deer only) 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 Mathews County Saturday prior to the third Monday in November through the first Saturday in January Mecklenburg County Saturday prior to the third Monday in November through the first Saturday in January Middlesex County Saturday prior to the third Monday in November through the first Saturday in January Montgomery County (non-national forest lands) Saturday prior to the third Monday in November and for 28 consecutive days following Montgomery County (national forest lands) Saturday prior to the third Monday in November and for 14 consecutive days following Montgomery County (non-national forest lands and antlerless deer only) 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 Nelson County (west of Route 151, except on national forest lands) Saturday prior to the third Monday in November and for 28 consecutive days following Nelson County (national forest lands) Saturday prior to the third Monday in November and for 14 consecutive days following Nelson County (east of Route 151) Saturday prior to the third Monday in November through the first Saturday in January New Kent County Saturday prior to the third Monday in November through the first Saturday in January Northampton County Saturday prior to the third Monday in November through the first Saturday in January Northumberland County Saturday prior to the third Monday in November through the first Saturday in January Nottoway County Saturday prior to the third Monday in November through the first Saturday in January Orange County Saturday prior to the third Monday in November through the first Saturday in January Orange County (private lands and antlerless deer only) 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 Page County Saturday prior to the third Monday in November and for 14 consecutive days following Page County (non-national forest lands and antlerless deer only) 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 Patrick County Saturday prior to the third Monday in November and for 28 consecutive days following Pittsylvania County Saturday prior to the third Monday in November through the first Saturday in January Powhatan County Saturday prior to the third Monday in November through the first Saturday in January Prince Edward County Saturday prior to the third Monday in November through the first Saturday in January Prince George County Saturday prior to the third Monday in November through the first Saturday in January Prince William County Saturday prior to the third Monday in November through the first Saturday in January Prince William County (antlerless deer only) 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 Pulaski County (except on New River Unit of the Radford Army Ammunition Plant adjacent to the Town of Dublin and national forest lands) Saturday prior to the third Monday in November and for 28 consecutive days following Pulaski County (New River Unit of the Radford Army Ammunition Plant adjacent to the Town of Dublin) Saturday prior to the second Monday in November through the first Saturday in January Pulaski County (national forest lands) Saturday prior to the third Monday in November and for 14 consecutive days following Pulaski County (non-national forest lands and antlerless deer only) 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 Rappahannock County Saturday prior to the third Monday in November through the first Saturday in January Rappahannock County (private lands and antlerless deer only) 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 Richmond County Saturday prior to the third Monday in November through the first Saturday in January Roanoke County (private lands) Saturday prior to the third Monday in November and for 28 consecutive days following Roanoke County (public lands) Saturday prior to the third Monday in November and for 14 consecutive days following Rockbridge County Saturday prior to the third Monday in November and for 14 consecutive days following Rockingham County Saturday prior to the third Monday in November and for 14 consecutive days following Russell County Saturday prior to the third Monday in November and for 14 consecutive days following Scott County Saturday prior to the third Monday in November and for 14 consecutive days following Shenandoah County Saturday prior to the third Monday in November and for 14 consecutive days following Shenandoah County (non-national forest lands antlerless deer only) 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 Smyth County Saturday prior to the third Monday in November and for 14 consecutive days following Southampton County Saturday prior to the third Monday in November through the first Saturday in January Spotsylvania County Saturday prior to the third Monday in November through the first Saturday in January Stafford County Saturday prior to the third Monday in November through the first Saturday in January Suffolk (City of) (east of Dismal Swamp Line) October 1 through November 30 Suffolk (City of) (west of Dismal Swamp Line) Saturday prior to the third Monday in November through the first Saturday in January Surry County Saturday prior to the third Monday in November through the first Saturday in January Sussex County Saturday prior to the third Monday in November through the first Saturday in January Tazewell County Saturday prior to the third Monday in November and for 14 consecutive days following Virginia Beach (City of) October 1 through November 30 Warren County Saturday prior to the third Monday in November and for 14 consecutive days following Warren (non-national forest lands antlerless deer only) 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 Washington County Saturday prior to the third Monday in November and for 14 consecutive days following Westmoreland County Saturday prior to the third Monday in November through the first Saturday in January Wise County Saturday prior to the third Monday in November and for 14 consecutive days following Wythe County Saturday prior to the third Monday in November and for 14 consecutive days following York County Saturday prior to the third Monday in November through the first Saturday in January York County (private lands and antlerless deer only) 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 March¹ 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.² 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.³

Provision-Level Authorization Analysis

Provision 1

"A. It shall be lawful to hunt deer in the following localities, including the ci..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of specific hunting seasons and localities, as seen in the regulation, which directly falls under the Board's mandate to regulate hunting activities. The legal significance of this relationship is that it empowers the Board to make detailed and localized decisions regarding hunting, ensuring that regulations can be adapted to specific circumstances while remaining within the framework established by the statute.

Provision 2

"B. Except as provided in subsection A of this section, deer may be hunted from t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning deer hunting, as it falls within the scope of managing the hunting of wild animals, thereby justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to create specific hunting regulations without needing further legislative approval, ensuring effective wildlife management and regulation.

Provision 3

"C. In addition to provisions of subsection A of this section, antlerless deer ma..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the taking of antlerless deer, as it falls within the scope of hunting and taking wildlife, thereby justifying the use of GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to establish specific hunting regulations without needing further legislative approval, ensuring effective management of wildlife resources.

Game: Deer

4VAC15-90-23

Express

General

Overreach

Unauthorized

Requirements

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.¹ Deer of either-sex may be taken on this youth and apprentice deer hunting weekend.² Adult hunters accompanying youth or apprentice deer hunters on this weekend may not carry or discharge weapons.³ 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.⁴ 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.⁵

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful for deer hunters 15 years of age and under and holders of an ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning deer hunting for certain age groups and apprentice hunters, as it falls within the realm of hunting regulations that the Board is empowered to establish. The legal significance of this authorization relationship is that it allows the Board to create specific rules that facilitate and regulate hunting practices, ensuring compliance with broader statutory objectives while maintaining public safety and wildlife conservation.

EXCEPTION § 29.1-516.1

Provision 2

"Deer of either-sex may be taken on this youth and apprentice deer hunting week..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses various aspects of wildlife management, including the establishment of specific hunting seasons and regulations, such as allowing the taking of deer of either sex during designated youth and apprentice hunting weekends. The legal significance of this authorization relationship is that it provides the Board with the necessary flexibility to adapt regulations to changing circumstances while ensuring compliance with the overarching statutory framework.

EXCEPTION § 29.1-516.1

Provision 3

"Adult hunters accompanying youth or apprentice deer hunters on this weekend may..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows for the establishment of regulations that govern various aspects of hunting practices, including safety measures for youth and apprentice hunters, which is reflected in the regulation prohibiting adult hunters from carrying or discharging weapons during specific hunting activities. The legal significance of this authorization relationship is that it empowers the Board to create rules that ensure safe and responsible hunting practices, thereby promoting wildlife conservation and public safety.

EXCEPTION § 29.1-516.1

Provision 4

"Blaze orange is required for all persons hunting any species or any person accom..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation requiring blaze orange for hunters and their companions, as it relates to the safety and conduct of hunting activities, which falls under the Board's regulatory purview. The legal significance of this authorization relationship is that it allows the Board to implement necessary safety measures in hunting practices without needing further specific legislative approval, thereby ensuring effective management of wildlife and hunter safety.

EXCEPTION § 29.1-516.1

Provision 5

"Deer hunting with dogs is prohibited, except that tracking dogs as described in..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the regulation of hunting practices, which justifies the regulation prohibiting deer hunting with dogs while allowing the use of tracking dogs as specified in another section. The legal significance of this authorization relationship is that it allows the Board to implement specific hunting regulations under a general framework, ensuring wildlife conservation and management while adhering to the statutory mandate.

EXCEPTION § 29.1-516.1

Game: Deer

4VAC15-90-70

Express

General

Overreach

Unauthorized

Requirements

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.¹ 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 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.³ 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.⁴ 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.⁵ 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.⁶ 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 1.⁷ 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.⁸ 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.⁹ 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 1.¹⁰ 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.¹¹ 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).¹²

Provision-Level Authorization Analysis

Provision 1

"A. It shall be lawful to hunt deer during the early special archery season with ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the lawful hunting of deer during a specified season, as it falls within the category of hunting and taking of wild animals. The legal significance of this authorization relationship is that it allows the Board to establish specific hunting regulations under a general framework, ensuring that management practices align with conservation goals while providing flexibility in implementation.

EXCEPTION § 29.1-516.1

DEFINITION § 54.1-2345

Title 54.1. Professions and Occupations › Subtitle II. Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards within the Department › Chapter 23.3. Common Interest Communities › Article 1. Common Interest Community Board › § 54.1-2345. Definiti...

Provision 2

"B. In addition to the season provided in subsection A of this section, it shall ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific hunting seasons and methods, such as the late special archery season for deer, which falls within the scope of regulating the taking of wild animals. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

EXCEPTION § 29.1-516.1

DEFINITION § 54.1-2345

Provision 3

"2. From December 1 through the first Saturday in January, both dates inclusive, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild birds and animals. This broad language allows the Board to establish specific hunting seasons and locations, such as the regulation that defines a hunting period in certain cities, thereby falling under the general delegation of authority. The legal significance of this relationship is that it enables the Board to create detailed regulations necessary for effective wildlife management while remaining within the scope of the authority granted by the statute.

EXCEPTION § 29.1-516.1

DEFINITION § 54.1-2345

Provision 4

"C. Deer of either sex may be taken full season during the special archery season..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting and taking of wild birds and animals, which includes setting rules for specific hunting seasons and methods. This broad grant of authority allows the regulation to establish specific provisions, such as the taking of deer during designated archery seasons, under the general framework provided by the statute. The legal significance of this relationship is that it enables the Board to implement detailed management practices for wildlife, ensuring that regulations can adapt to changing circumstances while remaining within the scope of the authority granted by the statute.

EXCEPTION § 29.1-516.1

DEFINITION § 54.1-2345

Provision 5

"D. It shall be unlawful to carry firearms while hunting with archery equipment d..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that ensure safe and responsible hunting practices, including restrictions on the use of firearms during specific hunting seasons, which is reflected in the regulation. The legal significance of this authorization relationship is that it empowers the Board to create detailed rules that address various aspects of wildlife management and hunting safety, thereby promoting the conservation of wildlife resources while ensuring compliance with established hunting practices.

EXCEPTION § 29.1-516.1

DEFINITION § 54.1-2345

Provision 6

"E. It shall be unlawful to use dogs when hunting with archery equipment during a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of hunting, including the methods and conditions under which wild birds and animals may be taken. This broad language allows the Board to establish specific rules, such as the prohibition of using dogs during archery hunting, as it falls within the general framework of regulating hunting practices. The legal significance of this relationship is that it empowers the Board to create detailed regulations that ensure the effective management and conservation of wildlife, reflecting the intent of the statute to provide comprehensive oversight of hunting activities.

EXCEPTION § 29.1-516.1

DEFINITION § 54.1-2345

Provision 7

"F. It shall be lawful to hunt antlerless deer during the special urban archery s..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild animals. This broad language allows for the establishment of specific hunting seasons and methods, such as the regulation permitting the hunting of antlerless deer during a designated urban archery season. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that address specific circumstances within the overarching framework of wildlife management, thereby ensuring effective and adaptable governance of hunting practices.

EXCEPTION § 29.1-516.1

DEFINITION § 54.1-2345

Provision 8

"G. It shall be lawful to hunt antlerless deer during the special urban archery s..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses various aspects of wildlife management, allowing the Board to establish specific regulations, such as those governing the hunting of antlerless deer during designated seasons in urban areas. The legal significance of this authorization relationship is that it provides the Board with the flexibility to address specific wildlife management needs while ensuring compliance with the overarching statutory framework.

EXCEPTION § 29.1-516.1

DEFINITION § 54.1-2345

Provision 9

"1. The special urban archery season will in no way supersede any local ordinance..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the regulation to address specific hunting practices, such as the special urban archery season, while ensuring compliance with local ordinances and landowner permissions, thus fitting within the general framework established by the statute. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that are necessary to manage wildlife effectively while respecting local governance and property rights.

EXCEPTION § 29.1-516.1

DEFINITION § 54.1-2345

Provision 10

"2. An association no longer participating in the special urban archery season sh..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority allows for the establishment of specific procedural requirements, such as the notice of intent from associations regarding participation in the urban archery season, which falls under the Board's regulatory purview. The legal significance of this authorization relationship is that it enables the Board to implement necessary regulations that ensure effective management and oversight of wildlife activities without the need for further legislative approval.

EXCEPTION § 29.1-516.1

DEFINITION § 54.1-2345

Provision 11

"3. At its discretion, the department may suspend or revoke the special urban arc..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority allows for the regulation of specific activities, such as the suspension or revocation of special hunting seasons, which aligns with the Board's responsibility to manage wildlife effectively. The legal significance of this authorization relationship is that it empowers the Board to make necessary adjustments to regulations in response to changing circumstances, ensuring the sustainable management of wildlife resources.

EXCEPTION § 29.1-516.1

DEFINITION § 54.1-2345

Provision 12

"H. It shall be lawful to hunt antlerless deer during the special antlerless arch..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the hunting of antlerless deer, as it falls within the category of hunting and taking of wild animals, thus justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to establish specific hunting regulations without requiring further legislative approval, ensuring effective management of wildlife resources.

EXCEPTION § 29.1-516.1

DEFINITION § 54.1-2345

Game: Deer

4VAC15-90-80

Express

General

Overreach

Unauthorized

Requirements

the purpose of this section, include:¹ 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 2. Muzzleloading shotguns (one or more barrels) not larger than 10 gauge where the projectiles are loaded from the muzzle;³ 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 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.⁵ 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.⁶

Provision-Level Authorization Analysis

Provision 1

"the purpose of this section, include:"

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for a wide range of regulatory actions, which aligns with the regulation's purpose of addressing various aspects of wildlife management and conservation, thus resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement comprehensive regulations that effectively manage and protect wildlife resources within the scope of the authority granted by the statute.

Provision 2

"1. Single shot muzzleloading rifles .40 caliber or larger, firing a single proje..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation concerning single shot muzzleloading rifles appears to exceed the statute's authorization because it prescribes specific equipment standards for hunting, which is not explicitly mentioned in the statutory language that focuses on broader activities related to wildlife. The legal significance of this relationship is that the regulation may be invalid if it imposes requirements beyond the scope of the authority granted by the statute, potentially infringing on the rights of hunters without clear legislative backing.

Provision 3

"2. Muzzleloading shotguns (one or more barrels) not larger than 10 gauge where t..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to establish regulations related to various aspects of wildlife management, including the specifications for muzzleloading shotguns, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the board to create detailed regulations necessary for effective governance and management within the scope of its statutory mandate.

Provision 4

"3. Muzzleloading pistols (one or more barrels) .45 caliber or larger, firing a s..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after completing the necessary hearing and notice requirements. This broad grant of authority allows the board to establish specific regulations, such as those concerning muzzleloading pistols, which fall within the scope of their regulatory powers as outlined in the statute. The legal significance of this authorization relationship is that it enables the board to create detailed rules that govern specific aspects of firearms, ensuring compliance with broader statutory mandates while maintaining flexibility in regulation.

Provision 5

"4. Muzzleloading revolvers .45 caliber or larger, firing a single projectile or ..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation concerning muzzleloading revolvers does not pertain directly to the hunting or management of wild animals or fish but instead addresses specific firearm specifications, which may exceed the scope of the Board's authority as outlined in the statute. The legal significance of this relationship is that regulations must remain within the confines of the statutory authority granted, and any overreach could undermine the legislative intent and proper regulatory framework established by the statute.

Provision 6

"I. It shall be unlawful to have in immediate possession any firearm other than a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation by allowing the Board to establish specific rules regarding the use of firearms during designated hunting seasons, thereby ensuring safety and compliance with hunting practices. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that support the overarching goals of wildlife management and conservation as outlined in the statute.

Game: Deer

4VAC15-90-89

Express

General

Overreach

Unauthorized

Requirements

A. For the purposes of this section, the term "license year" means the period between July 1 and June 30 of the following year.¹ 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.² 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).³ 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.⁴ E. The Earn A Buck Program does not apply to the Cities of Chesapeake, Suffolk, and Virginia Beach.⁵

Provision-Level Authorization Analysis

Provision 1

"A. For the purposes of this section, the term "license year" means the period be..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and possession of wild animals and fish. This broad grant of authority allows the Board to define terms and establish parameters, such as the "license year," which is essential for the implementation and enforcement of the regulations concerning the taking and possession of wildlife. The legal significance of this authorization relationship is that it enables the Board to create detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

Provision 2

"B. Within a license year and within in each individual county listed in this sub..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific hunting regulations, such as the requirement for hunters to take antlerless deer before taking additional antlered deer, as it falls within the general scope of managing wildlife populations and hunting practices. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that address specific circumstances within the overarching framework of wildlife management, ensuring sustainable practices while adhering to the statutory mandate.

Provision 3

"C. Within a license year and within each individual county listed in this subsec..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically states that the Board may promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation requiring hunters to take a specific number of antlerless deer before taking antlered deer imposes additional conditions on hunting practices that are not explicitly mentioned in the statute, which only grants authority over general hunting and possession regulations. The legal significance of this relationship is that the regulation may exceed the Board's authority by creating specific hunting requirements that go beyond what is authorized by the statute, potentially infringing on the rights of hunters.

Provision 4

"D. Within a license year and within any city or town, except the Cities of Chesa..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically states that the Board may promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation requiring hunters to take at least one antlerless deer before taking a second antlered deer in certain cities appears to exceed the statutory authority because it imposes a specific condition on the taking of a particular species (antlered deer) that is not explicitly mentioned in the statute, which broadly addresses the regulation of wild animals without such specific restrictions. The legal significance of this relationship is that the regulation may not align with the general authority granted by the statute, potentially leading to challenges regarding its validity and enforceability.

Provision 5

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

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and possession of wild animals. This broad language allows the Board to establish specific programs, such as the Earn A Buck Program, and to delineate exceptions for certain geographic areas, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to make nuanced regulatory decisions within the framework established by the statute, ensuring effective management of wildlife resources.

Game: Deer

4VAC15-90-90

Express

General

Overreach

Unauthorized

Requirements

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 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 2. Only one deer per day may be taken on national forest, department-owned, and department-managed lands.³ 3. Only one elk per day may be taken.⁴ 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.⁵ 1. The daily bag limit for deer is unlimited in all the cities and towns that allow deer hunting.⁶ 2. Only one deer per day may be taken on national forest, department-owned, and department-managed lands.⁷ 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.⁸ 4. Only one elk per day may be taken.⁹ 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.¹⁰ 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.¹¹ 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.¹²

Provision-Level Authorization Analysis

Provision 1

"A. The bag limit for deer east of the Blue Ridge Mountains (except on national f..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the bag limit for deer, as it directly pertains to the taking and hunting of wild animals, thereby falling within the scope of the authority granted. The legal significance of this authorization relationship is that it allows the Board to establish specific management practices, such as bag limits, to ensure sustainable wildlife populations without requiring further legislative approval.

Provision 2

"1. The daily bag limit for deer is unlimited in the Counties, including the citi..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to set specific wildlife management practices, such as establishing bag limits for deer, which is reflected in the regulation that specifies the daily bag limit in certain counties and cities. The legal significance of this relationship is that it empowers the board to make decisions that directly affect wildlife conservation and hunting practices within the scope of its regulatory authority, ensuring flexibility and responsiveness to local conditions and needs.

Provision 3

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

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting and taking of wild animals, which includes the management of deer populations. This broad grant of authority allows the regulation to establish specific limits, such as the restriction of taking only one deer per day, as it falls within the scope of managing wildlife resources and ensuring sustainable practices. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for the effective implementation of wildlife management policies, reflecting the statutory intent to regulate hunting activities comprehensively.

Provision 4

"3. Only one elk per day may be taken."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific limits, such as the regulation that permits only one elk to be taken per day, as it falls under the category of regulations pertaining to the taking of wild animals. The legal significance of this relationship is that the regulation is validly enacted under the general authority provided by the statute, ensuring that the Board can effectively manage wildlife resources.

Provision 5

"B. The bag limit for deer west of the Blue Ridge Mountains and on national fores..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the bag limit for deer, as it directly pertains to the taking of wild animals and establishes specific limits and conditions for hunting in designated areas. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations that manage wildlife resources effectively, ensuring sustainable practices within the framework established by the statute.

Provision 6

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

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses the regulation concerning the daily bag limit for deer, as it falls within the category of hunting and taking of wild animals, thereby justifying a GENERAL_DELEGATION of authority. The legal significance of this relationship is that it allows the Board to establish specific hunting regulations, such as bag limits, without requiring further legislative approval, thus facilitating effective wildlife management.

Provision 7

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

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting and taking of wild animals, which includes setting limits on the number of animals that can be taken. This broad grant of authority encompasses the regulation limiting the take of deer to one per day on specified lands, as it falls within the scope of managing the hunting and taking of wildlife. The legal significance of this authorization relationship is that it allows the Board to implement specific regulations necessary for wildlife conservation and management under the general framework established by the statute.

Provision 8

"3. If a deer hunter kills two antlered bucks in a license year in Alleghany, Bat..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning deer hunting by allowing the Board to set specific rules about the conditions under which deer may be hunted, including antler restrictions. The legal significance of this authorization relationship is that it provides the Board with the flexibility to establish detailed hunting regulations that promote wildlife management and conservation within the framework established by the statute.

Provision 9

"4. Only one elk per day may be taken."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses a wide range of activities and allows the Board to regulate specific aspects of wildlife management, such as limiting the number of elk that can be taken in a day. The legal significance of this authorization relationship is that it provides the Board with the necessary flexibility to implement regulations that ensure sustainable wildlife practices while adhering to the overarching statutory framework.

Provision 10

"C. Except as noted in subsection E of this section, antlerless deer may be taken..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the taking of antlerless deer during specific hunting days, as it falls within the category of hunting regulations that the Board is empowered to establish. The legal significance of this authorization relationship is that it allows the Board to implement detailed rules necessary for the management and conservation of wildlife, ensuring that hunting practices align with broader statutory objectives.

Provision 11

"D. Bonus deer permits shall be valid on private land in counties and cities wher..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the establishment of permits and regulations governing hunting practices, which justifies the regulation's GENERAL_DELEGATION status. The legal significance of this relationship is that it allows the Board to implement specific hunting regulations, such as those pertaining to bonus deer permits, under the umbrella of the authority granted by the statute.

Provision 12

"E. Deer hunters 15 years of age and younger, including those exempt from purchas..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning deer hunting by young hunters, as it falls under the category of taking and hunting wild animals, thus justifying the use of GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to create specific rules that govern hunting practices while remaining within the framework established by the statute, ensuring compliance with broader wildlife management objectives.

Game: Deer

4VAC15-90-91

Express

General

Overreach

Unauthorized

Requirements

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.¹ 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 .²

Provision-Level Authorization Analysis

Provision 1

"A. During the general firearms deer season, deer of either sex may be taken with..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting and taking of wild animals. This broad grant of authority allows the Board to establish specific hunting regulations, such as the designated deer hunting seasons in different counties, which fall under the general categories of "taking" and "killing" of wild animals. The legal significance of this authorization relationship is that it enables the Board to implement detailed and localized regulations necessary for effective wildlife management while operating within the framework established by the statute.

Provision 2

"B. Except as provided in the subsection A of this section, deer of either sex ma..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific hunting regulations, such as those governing deer hunting in various locations, under the general framework of wildlife management. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that address specific circumstances within the overarching statutory mandate, ensuring effective wildlife conservation and management.

Game: Deer

4VAC15-90-260

Express

General

Overreach

Unauthorized

Requirements

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.¹ 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.² 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 .³

Provision-Level Authorization Analysis

Provision 1

"A. Generally. It shall be unlawful to hunt deer with dogs in the counties of Amh..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the hunting of deer with dogs, as it falls within the realm of hunting practices and the management of wildlife. The legal significance of this authorization relationship is that it allows the Board to establish specific rules to regulate hunting activities effectively, ensuring wildlife conservation and management within the designated areas.

EXCEPTION § 29.1-516.1

Provision 2

"B. Special provision for Greene and Madison counties. It shall be unlawful to hu..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, allowing the Board to establish specific hunting regulations, such as the prohibition on hunting deer with dogs in Greene and Madison counties during designated times. The legal significance of this authorization relationship is that it empowers the Board to create tailored regulations that address local wildlife management needs while remaining within the scope of the authority granted by the statute.

EXCEPTION § 29.1-516.1

Provision 3

"C. It shall be unlawful to hunt deer with dogs in any county or city during open..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the unlawful hunting of deer with dogs during a specific season, as it pertains directly to the taking and hunting of wild animals. The legal significance of this authorization relationship is that it allows the Board to implement regulations that manage and protect wildlife populations effectively, ensuring compliance with the statutory framework established for wildlife conservation.

EXCEPTION § 29.1-516.1

Game: Deer

4VAC15-90-280

Express

General

Overreach

Unauthorized

Requirements

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.¹

Provision-Level Authorization Analysis

Provision 1

"Provided that no extraneous muscle tissue is attached, it shall be lawful to pur..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the sale and purchase of parts from legally possessed cervids, which aligns with the regulation's stipulations regarding the lawful sale of specific cervid carcass parts. The legal significance of this authorization relationship is that it allows the Board to establish comprehensive regulations that facilitate the management and utilization of wildlife resources while ensuring compliance with statutory guidelines.

Game: Deer

4VAC15-90-291

Express

General

Overreach

Unauthorized

Requirements

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;¹ 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; or² 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.³ B. This section shall not apply to enclosures and lands exempted under § 29.1-525.1 C and D of the Code of Virginia.⁴ 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.⁵

Provision-Level Authorization Analysis

Provision 1

"A. Pursuant to § 29.1-525.1 A and B of the Code of Virginia, an enclosed or fenc..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the power to confer duties upon the Director and revise regulations as deemed appropriate. This broad grant of authority allows the Board to establish regulations that define specific conditions, such as the attributes of enclosed areas that impede deer movement, which fall within the scope of managing wildlife and enforcing hunting regulations. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulatory measures that support the overarching goals of wildlife management and conservation, reflecting the legislative intent to provide flexibility in addressing specific wildlife-related issues.

EXCEPTION § 29.1-525.1

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 2. Hunting and Trapping › § 29.1-525.1. Deer enclosures prohibited; exceptions; penalty A. It is unlawful to erect a fence that prevents or impedes the free egress of deer from the enclosed area with the...

Provision 2

"2. A fence greater than 61 inches high that incorporates any topographic or othe..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the regulation of barriers that may affect the movement of deer, thus justifying the application of GENERAL_DELEGATION for the regulation. The legal significance of this relationship is that it allows the Board to implement necessary measures to manage wildlife effectively without requiring specific legislative approval for each regulation, thereby promoting efficient governance in wildlife conservation.

EXCEPTION § 29.1-525.1

Provision 3

"3. A fence or other barrier 61 inches or less in height having any attribute tha..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning barriers that impede the movement of deer, as it directly relates to the management and conservation of wildlife, which is a core aspect of the Board's responsibilities. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to protect and manage wildlife populations effectively, ensuring compliance with the overarching statutory framework.

EXCEPTION § 29.1-525.1

Provision 4

"B. This section shall not apply to enclosures and lands exempted under § 29.1-5..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting, capturing, and transporting wild birds and animals. This broad language allows the Board to establish specific exemptions, such as those outlined in the regulation, which clarifies the applicability of the regulations to certain enclosures and lands. The legal significance of this authorization relationship is that it enables the Board to effectively manage wildlife regulations while accommodating specific circumstances, thereby ensuring compliance with the overarching statutory framework.

EXCEPTION § 29.1-525.1

Provision 5

"C. The director or his designee may grant exceptions for an enclosed or fenced a..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations and confer powers upon the Director to carry out the purposes of the title, including the ability to take necessary regulatory actions. This results in GENERAL_DELEGATION because the statute's broad language allows the Director to exercise discretion in granting exceptions for specific circumstances related to agricultural livestock operations, which aligns with the Board's overarching responsibility to manage wildlife and related activities. The legal significance of this authorization relationship is that it empowers the Director to make decisions that facilitate the implementation of the Board's regulatory framework while ensuring that such decisions remain within the scope of the authority granted by the statute.

EXCEPTION § 29.1-525.1

Game: Deer

4VAC15-90-293

Express

General

Overreach

Unauthorized

Requirements

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.¹ 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 2. Quarters or other portions of meat with no part of the spinal column or skull attached;³ 3. Hides or capes with no skull attached;⁴ 4. Clean (no meat or tissue attached) skulls or skull plates with or without antlers attached;⁵ 5. Clean (no meat or tissue attached) lower jaw bones;⁶ 6. Antlers (with no meat or tissue attached);⁷ 7. Upper canine teeth (buglers, whistlers, or ivories); and⁸ 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.⁹ 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.¹⁰ 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; or¹¹ 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.¹² 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.¹³

Provision-Level Authorization Analysis

Provision 1

"A. The following words or terms, when used in 4VAC15-40-285 , this section, and ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's definitions and terms related to cervids, as it falls under the category of wild animals, thereby justifying the need for GENERAL_DELEGATION to effectively manage and regulate these species. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations necessary for the conservation and management of wildlife, ensuring that the specific needs of different species, such as cervids, are addressed within the framework established by the statute.

Provision 2

"B. No person shall import or possess any carcass or part of a carcass of any mem..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the importation and possession of Cervidae carcasses, as it falls under the category of possession and transportation of wild animals. The legal significance of this authorization relationship is that it allows the Board to implement specific regulations necessary for wildlife management and conservation without needing further legislative approval, thereby ensuring effective oversight of wildlife resources.

Provision 3

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

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish detailed regulations, such as those pertaining to the handling and processing of meat, which falls under the general category of possession and transportation of wildlife. The legal significance of this relationship is that it empowers the Board to create specific rules necessary for the effective management and conservation of wildlife, ensuring compliance with the overarching statutory framework.

Provision 4

"3. Hides or capes with no skull attached;"

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the handling of hides or capes, which falls under the possession and transportation of wildlife materials, thus justifying the regulation's placement under GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations necessary for effective wildlife management without requiring further specific legislative approval for each regulation.

Provision 5

"4. Clean (no meat or tissue attached) skulls or skull plates with or without ant..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses various aspects of wildlife management, including the regulation of parts of these animals, such as skulls or skull plates, which aligns with the regulation's focus on the handling of animal remains. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations under a general framework, ensuring effective management and conservation of wildlife resources.

Provision 6

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

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to establish regulations that address various aspects of wildlife management, including the handling of specific parts of animals, which is reflected in the regulation regarding clean lower jaw bones. The legal significance of this authorization relationship is that it empowers the Board to create detailed rules necessary for the effective management and conservation of wildlife, ensuring compliance with the overarching statutory framework.

Provision 7

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

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses a wide range of activities and items associated with wildlife management, allowing for the regulation of antlers as a part of the broader context of wildlife possession and management. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations under a general framework, ensuring effective governance and management of wildlife resources.

Provision 8

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

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild animals. This broad language encompasses a wide range of activities and species, allowing for the regulation of specific elements such as the identification and management of certain animal features, which is reflected in the regulation concerning upper canine teeth. The legal significance of this relationship is that it establishes a framework for the Board to exercise its regulatory powers flexibly and responsively to wildlife management needs without requiring specific legislative action for each individual regulation.

Provision 9

"8. Finished taxidermy products. A legible label shall be affixed to packages or ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses the regulation concerning finished taxidermy products, as it pertains to the possession and transportation of animal parts, thereby allowing for the establishment of labeling requirements to ensure compliance with the statutory framework. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for the effective management and oversight of wildlife resources, ensuring that all activities related to these resources are conducted in a regulated and responsible manner.

Provision 10

"C. Any person who imports into Virginia any deer carcass or parts described in s..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities and circumstances concerning wildlife management, which includes the regulation requiring reporting of Chronic Wasting Disease test results for imported deer carcasses. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to protect wildlife health and manage disease risks, reflecting the intent of the statute to ensure comprehensive oversight of wildlife-related activities.

Provision 11

"D. No person shall transport any carcass or part of a carcass of any cervid out ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the transportation of cervid carcasses, as it falls under the category of regulations related to the management and control of wild animals, particularly in the context of disease management. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to protect wildlife and public health without requiring further legislative approval, thereby facilitating timely and effective regulation.

Provision 12

"2. Carcasses and parts transported to other locations or areas within the Common..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the transportation of carcasses and parts, as it falls within the scope of "transportation" and aligns with the Board's regulatory powers over wildlife management. The legal significance of this authorization relationship is that it allows the Board to establish detailed guidelines for the handling of wildlife materials, ensuring compliance with conservation and public safety standards while maintaining flexibility in regulation.

Provision 13

"E. No person shall for the purposes of taking or attempting to take, attracting,..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the control of substances that may affect the hunting and taking of wild animals, thereby justifying the regulation's focus on prohibiting certain materials associated with cervids. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure sustainable wildlife practices and protect public safety without needing further specific legislative approval.

Game: Deer

4VAC15-90-294

Express

General

Overreach

Unauthorized

Requirements

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.¹ 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.² 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.³ 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.⁴ 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.⁵

Provision-Level Authorization Analysis

Provision 1

"A. For the purposes of this section: "Juvenile" means any cervid less than one y..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to define terms and establish classifications, such as the definitions of "juvenile" and "adult" cervids, which are necessary for effective management and regulation of wildlife. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure the sustainable and responsible management of wildlife resources under its jurisdiction.

Provision 2

"B. No person permitted by the department to rehabilitate cervids may rehabilita..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. The regulation's restriction on rehabilitators from rehabilitating or releasing adult cervids, as well as the requirement for immediate humane dispatch, appears to exceed the statute's scope, which does not explicitly mention the rehabilitation of wildlife or impose such limitations on the handling of specific species. The legal significance of this relationship is that the regulation may impose additional restrictions not authorized by the statute, potentially infringing on the rights of rehabilitators and exceeding the Board's regulatory authority.

Provision 3

"C. Juvenile cervids requiring continued rehabilitation beyond December 31 of the..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning juvenile cervids, as it addresses the possession and transportation of wildlife, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures for wildlife management and rehabilitation while ensuring compliance with established guidelines.

Provision 4

"D. Cervids that originate within an area designated by the department for diseas..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including disease management and rehabilitation, which justifies the regulation's stipulation regarding the isolation and handling of cervids from designated areas. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to protect wildlife health and manage disease risks effectively, reflecting the statute's intent to ensure responsible wildlife management practices.

Provision 5

"E. Cervids from any county (including the cities and towns therein) containing a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning cervids and their rehabilitation and release, as it pertains to the management of wild animals and addresses public health and ecological concerns related to disease management. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to effectively manage wildlife populations and protect them from disease, ensuring the sustainability of these species within the designated areas.

Game: Deer

4VAC15-90-500

Express

General

Overreach

Unauthorized

Requirements

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 .¹ 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.² 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.³

Provision-Level Authorization Analysis

Provision 1

"A. Open season. Except as otherwise provided by 4VAC15-90-510 , it shall be lawf..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the open season for hunting elk, as it falls within the scope of managing the hunting of wild animals and establishes specific conditions under which such activities may occur. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

EXCEPTION § 29.1-301

DEFINITION § 29.1-327

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 3. Licenses › Article 1. Hunting, Trapping and Fishing Licenses › § 29.1-327. Agents for sale of licenses and permits; sales by telephone and electronic media A. The Board shall have authority to appoint agents operating in and outside of ...

CROSS-REFERENCE § 29.1-339

Provision 2

"B. Upon killing an elk. Any licensed or permitted hunter shall validate a tag on..."

General Delegation

AUTHORIZING STATUTE § 29.1-327

The Board shall have authority to appoint agents operating in and outside of Virginia for the issuance and sale of any or all of the permits and licenses provided for in this title The Board may make and enter into agency contracts whereby the agent, whether operating in or outside of Virginia, may sell hunting and fishing licenses, issued under this title, by telephone, the Internet, or other electronic or computerized means

ANALYSIS

§ 29.1-327 specifically grants the Board the authority to appoint agents for the issuance and sale of permits and licenses, allowing these agents to operate both within and outside of Virginia using various means, including electronic methods. This broad grant of authority encompasses the regulation, as it allows for the delegation of responsibilities related to the validation of tags and the checking in of elk, which are part of the licensing process for hunting. The legal significance of this authorization relationship is that it enables the Board to effectively manage and streamline the hunting license process through agents, thereby ensuring compliance with hunting regulations while maintaining flexibility in operations.

EXCEPTION § 29.1-301

DEFINITION § 29.1-327

CROSS-REFERENCE § 29.1-339

Provision 3

"C. Checking elk by persons exempt from license requirements or holding a license..."

General Delegation

AUTHORIZING STATUTE § 29.1-327

ANALYSIS

§ 29.1-327 specifically grants the Board the authority to appoint agents for the issuance and sale of permits and licenses, allowing for flexibility in how these licenses can be sold, including through electronic means. This broad grant of authority encompasses the regulation, as it allows the Board to delegate responsibilities related to the management and oversight of hunting and fishing licenses, including the specific provisions for checking elk by individuals who are exempt from licensing requirements. The legal significance of this authorization relationship is that it enables the Board to effectively manage wildlife resources while ensuring compliance with statutory provisions, thereby facilitating the regulation of hunting activities in a manner consistent with the overarching statutory framework.

EXCEPTION § 29.1-301

DEFINITION § 29.1-327

CROSS-REFERENCE § 29.1-339

Game: Deer

4VAC15-90-510

Express

General

Overreach

Unauthorized

Requirements

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.¹ 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.² 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.³ 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.⁴ 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.⁵

Provision-Level Authorization Analysis

Provision 1

"A. It shall be lawful to hunt elk within the Elk Management Zone from the second..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the lawful hunting of elk within the designated Elk Management Zone, as it directly pertains to the hunting of a wild animal during a specified timeframe. The legal significance of this authorization relationship is that it allows the Board to establish specific hunting regulations that align with the overarching statutory framework, ensuring wildlife management and conservation efforts are effectively implemented.

DEFINITION § 29.1-530.1

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 2. Hunting and Trapping › § 29.1-530.1. Solid blaze orange or solid blaze pink clothing required at certain times A. For the purposes of this section, "solid blaze orange" means a safety orange or fluore...

Provision 2

"B. The seasonal bag limit for elk shall be one per season as prescribed on the s..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority allows the Board to establish specific regulations, such as seasonal bag limits and the distribution of hunting licenses, as these are essential for managing wildlife populations and ensuring sustainable hunting practices. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations necessary for effective wildlife conservation and management while maintaining flexibility to adapt to changing circumstances.

DEFINITION § 29.1-530.1

Provision 3

"C. Except as provided in 4VAC15-90-540 or 4VAC15-90-550 individuals selected to ..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation's stipulation that individuals must wait three years before being eligible for a subsequent special elk hunting license appears to exceed the statute's authorization, as it imposes a restriction on eligibility that is not explicitly mentioned in the statutory text. The legal significance of this relationship is that the regulation may impose additional limitations beyond what the statute allows, potentially infringing on the rights of individuals to participate in hunting activities as defined by the statute.

DEFINITION § 29.1-530.1

Provision 4

"D. All licensed elk hunters and persons accompanying elk hunters are required to..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation requiring licensed elk hunters and their companions to wear or display blaze color, as it pertains to the safety and conduct of hunting activities. The legal significance of this authorization relationship is that it allows the Board to implement necessary safety measures within the context of hunting regulations, ensuring both compliance with statutory mandates and the protection of public safety.

DEFINITION § 29.1-530.1

Provision 5

"E. Upon killing an elk, any licensed hunter shall validate the tag on the hunter..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's requirements for validating elk hunting tags and reporting procedures, as these actions directly relate to the management and oversight of hunting practices. The legal significance of this authorization relationship is that it allows the Board to implement detailed procedural regulations necessary for effective wildlife management and conservation, ensuring compliance with the overarching statutory framework.

DEFINITION § 29.1-530.1

Game: Deer

4VAC15-90-520

Express

General

Overreach

Unauthorized

Requirements

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.¹ 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.² 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.³ 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.⁴ 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.⁵ 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.⁶ 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.⁷

Provision-Level Authorization Analysis

Provision 1

"A. It shall be unlawful for any person to destroy the identity of the sex of any..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting and possession of wild animals. This broad language allows the Board to establish specific rules, such as those concerning the identification of harvested elk, as it falls within the general framework of managing the hunting and possession of wildlife. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife conservation and management, ensuring compliance with the overarching statutory mandate.

EXCEPTION § 29.1-516.1

CROSS-REFERENCE § 29.1-553.1

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 5. Penalties in General › § 29.1-553.1. Penalty for wanton waste Any person violating a regulation adopted by the Board to prohibit wanton waste shall be guilty of a Class 2 misdemeanor. 2019, c.150.

Provision 2

"B. Any elk found in the possession of any person without a validated (notched) l..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the possession of elk without proper documentation, as it falls under the Board's responsibility to regulate the possession and management of wildlife. The legal significance of this authorization relationship is that it allows the Board to enforce compliance with wildlife management practices and ensure the protection of these species through established regulations.

EXCEPTION § 29.1-516.1

CROSS-REFERENCE § 29.1-553.1

Provision 3

"C. It is unlawful for a person to fail to reasonably attempt to dress, care for,..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's requirement for the proper care and removal of edible portions of harvested elk, as it directly relates to the hunting and taking of wild animals and aims to prevent waste. The legal significance of this authorization relationship is that it allows the Board to implement regulations that ensure responsible and sustainable practices in wildlife management, reflecting the intent of the statute to regulate activities associated with wild animals comprehensively.

EXCEPTION § 29.1-516.1

CROSS-REFERENCE § 29.1-553.1

Provision 4

"D. It shall be unlawful to hunt elk with dogs. This subsection shall not prohibi..."

General Delegation

AUTHORIZING STATUTE § 29.1-553.1

Any person violating a regulation adopted by the Board to prohibit wanton waste shall be guilty of a Class 2 misdemeanor.

ANALYSIS

§ 29.1-553.1 specifically grants the Board the authority to adopt regulations to prohibit wanton waste, establishing that violations of such regulations are subject to penalties. This broad grant of authority allows the Board to implement regulations that address various aspects of wildlife management, including the prohibition of hunting elk with dogs, as it relates to the overarching goal of preventing wasteful practices in hunting. The legal significance of this authorization relationship is that it empowers the Board to create rules that promote responsible hunting practices while ensuring compliance through established penalties for violations.

EXCEPTION § 29.1-516.1

CROSS-REFERENCE § 29.1-553.1

Provision 5

"E. It shall be unlawful to drive elk from any area, including man-drives, pushin..."

General Delegation

AUTHORIZING STATUTE § 29.1-553.1

Any person violating a regulation adopted by the Board to prohibit wanton waste shall be guilty of a Class 2 misdemeanor.

ANALYSIS

§ 29.1-553.1 specifically grants the Board the authority to adopt regulations aimed at prohibiting wanton waste, establishing penalties for violations as a Class 2 misdemeanor. This broad grant of authority allows the Board to implement regulations that address various actions detrimental to wildlife management, including the prohibition of driving elk, which is intended to prevent wanton waste of game animals. The legal significance of this authorization relationship is that it empowers the Board to create and enforce regulations that protect wildlife resources, thereby ensuring compliance with the overarching intent of the statute.

EXCEPTION § 29.1-516.1

CROSS-REFERENCE § 29.1-553.1

Provision 6

"F. The special elk hunting license shall be valid on all private land, with writ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the special elk hunting license, as it falls within the scope of hunting regulations and the management of wildlife resources. The legal significance of this authorization relationship is that it allows the Board to create specific rules, such as those governing hunting licenses, under the general framework established by the statute, ensuring effective wildlife management and regulation.

EXCEPTION § 29.1-516.1

CROSS-REFERENCE § 29.1-553.1

Provision 7

"G. Elk hunters 15 years of age and younger or holders of an apprentice hunting l..."

General Delegation

AUTHORIZING STATUTE § 29.1-553.1

Any person violating a regulation adopted by the Board to prohibit wanton waste shall be guilty of a Class 2 misdemeanor.

ANALYSIS

§ 29.1-553.1 specifically grants the Board the authority to adopt regulations to prohibit wanton waste, with violations resulting in a Class 2 misdemeanor. This broad grant of authority allows the Board to implement regulations that ensure responsible hunting practices, such as requiring adult supervision for young or apprentice hunters, which aligns with the intent to prevent wasteful or irresponsible behavior in hunting. The legal significance of this relationship is that it empowers the Board to create necessary regulations that promote conservation and responsible use of wildlife resources, thereby fulfilling the statutory mandate.

EXCEPTION § 29.1-516.1

CROSS-REFERENCE § 29.1-553.1

Game: Deer

4VAC15-90-530

Express

General

Overreach

Unauthorized

Requirements

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.¹ 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 2. Pay a nonrefundable application fee.³ 3. Apply only once for each random drawing.⁴ 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.⁵ 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.⁶ E. A special elk hunting license awarded through the Random Drawing License Program shall not be transferable.⁷ 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.⁸ 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.⁹

Provision-Level Authorization Analysis

Provision 1

"A. The dates for the annual application period to enter the random drawing for a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the application period for special elk hunting licenses, as it falls within the Board's purview to regulate aspects of hunting activities. The legal significance of this authorization relationship is that it allows the Board to establish specific procedures and timelines necessary for the implementation of hunting regulations, ensuring effective management of wildlife resources.

Provision 2

"B. To enter the random drawing for a special elk hunting license, applicants sha..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and the issuance of licenses. This broad language encompasses the regulation concerning the application process for a special elk hunting license, as it falls within the Board's mandate to regulate the taking of wild animals. The legal significance of this authorization relationship is that it allows the Board to establish specific procedural requirements, such as the application process, under the general authority provided by the statute, thereby facilitating effective wildlife management.

Provision 3

"2. Pay a nonrefundable application fee."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority encompasses the regulation requiring a nonrefundable application fee, as it pertains to the administrative process of managing permits or licenses associated with the hunting and taking of wildlife. The legal significance of this authorization relationship is that it allows the Board to establish necessary administrative procedures to effectively regulate wildlife activities under its jurisdiction.

Provision 4

"3. Apply only once for each random drawing."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad language allows the Board to establish specific procedures, such as the requirement to apply only once for each random drawing, as it falls within the scope of managing the hunting and taking of wildlife. The legal significance of this relationship is that it enables the Board to implement detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

Provision 5

"C. Nonresidents shall not comprise more than 10%, or one drawn applicant, whiche..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to establish specific criteria, such as the limitation on nonresident applicants in the random drawing license program, as it falls within the scope of regulating the application process. The legal significance of this relationship is that it empowers the board to implement detailed regulations necessary for the effective management of the licensing program, ensuring compliance with the overarching statutory framework.

Provision 6

"D. Applicants who physically reside within the Elk Management Zone shall compris..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific criteria, such as residency requirements for applicants in the Elk Management Zone, as it falls within the overarching framework of managing wildlife resources and ensuring sustainable practices. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that address specific circumstances and needs within the broader context of wildlife management, thereby facilitating effective governance and resource conservation.

Provision 7

"E. A special elk hunting license awarded through the Random Drawing License Prog..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, and possession of wild animals, which includes establishing rules governing hunting licenses. This broad language allows for GENERAL_DELEGATION because it encompasses various aspects of hunting regulations, including the conditions under which licenses, such as the special elk hunting license, may be awarded and their transferability. The legal significance of this authorization relationship is that it empowers the Board to regulate hunting practices comprehensively, ensuring that specific provisions, like the non-transferability of licenses, can be established to manage wildlife resources effectively.

Provision 8

"F. An applicant drawn for a special elk hunting license may be rejected if it is..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish eligibility criteria for hunting licenses, including the regulation that permits the rejection of applicants with multiple wildlife violations, as it falls within the scope of managing wildlife and ensuring responsible hunting practices. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations that promote conservation and compliance with wildlife laws, thereby enhancing the overall management of wildlife resources.

Provision 9

"G. The department will award unclaimed special elk hunting licenses to alternate..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the awarding of unclaimed special elk hunting licenses to alternates, as it pertains to the management and regulation of hunting activities. The legal significance of this authorization relationship is that it allows the Board to implement detailed procedures and criteria necessary for effective wildlife management within the framework established by the statute.

Game: Deer

4VAC15-90-540

Express

General

Overreach

Unauthorized

Requirements

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.¹ 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 2. A recorded survey or other legal documentation certifying the acreage and ownership of the property to be enrolled.³ 3. Original signature of the landowner.⁴ 4. Only a single application per license year, per landowner.⁵ 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.⁶ 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.⁷ 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.⁸ 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.⁹ 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.¹⁰ 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.¹¹ 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.¹² 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;¹³ 2. Department customer identification number;¹⁴ 3. Address; and¹⁵ 4. Telephone number.¹⁶ 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.¹⁷ 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.¹⁸

Provision-Level Authorization Analysis

Provision 1

"A. Upon receipt of a valid Landowner License Program application from a landowne..."

General Delegation

AUTHORIZING STATUTE § 29.1-305.01

The Board may create a separate special license to hunt elk within the designated elk management zone the Board may establish quotas and procedures for selection to purchase a special elk license The Board may establish guidelines permitting the transfer of special elk licenses

ANALYSIS

§ 29.1-305.01 specifically grants the Board the authority to create a special license to hunt elk, establish quotas and procedures for selection, and set guidelines for transferring special elk licenses. This broad grant of authority allows the Board to delegate specific responsibilities, such as verifying applications and enrolling properties in the Landowner License Program, to the director or the director's designee, resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it enables efficient management and implementation of elk hunting regulations while maintaining the Board's overarching authority.

ADDITIONAL AUTHORITY § 29.1-305.01

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 3. Licenses › Article 1. Hunting, Trapping and Fishing Licenses › § 29.1-305.01. Special license to hunt elk; authority of Board to create elk license and quota hunts A. The Board may create a separate special license to hunt elk within th...

Provision 2

"B. A valid Landowner License Program application shall include: 1. Landowner's n..."

General Delegation

AUTHORIZING STATUTE § 29.1-305.01

ANALYSIS

§ 29.1-305.01 specifically grants the Board the authority to create special licenses, establish quotas, and set procedures for selection and transfer of those licenses within designated elk management zones. This broad grant of authority allows the Board to implement detailed procedures, such as the requirements for a Landowner License Program application, which are necessary for managing the special elk licenses effectively. The legal significance of this authorization relationship is that it empowers the Board to create regulations that facilitate the implementation of the statutory provisions, ensuring that the management of elk hunting aligns with the overarching goals set forth in the statute.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 3

"2. A recorded survey or other legal documentation certifying the acreage and own..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments upon completing all applicable hearing and notice requirements. This broad grant of authority allows the board to establish necessary regulations, such as requiring a recorded survey or legal documentation for property enrollment, which falls within the scope of managing property and enrollment processes. The legal significance of this relationship is that it enables the board to implement regulations that facilitate the effective administration of its responsibilities without needing further specific legislative approval, thus ensuring operational flexibility.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 4

"3. Original signature of the landowner."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority allows the Board to establish requirements, such as the need for an original signature of the landowner, as it pertains to the regulation of hunting and possession of wildlife. The legal significance of this authorization relationship is that it enables the Board to implement necessary regulations to ensure compliance and accountability in wildlife management without exceeding the scope of its delegated powers.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 5

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

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild animals. This broad language allows for the establishment of specific regulations, such as limiting the number of applications per license year per landowner, as it falls within the scope of managing wildlife resources and ensuring sustainable practices. The legal significance of this relationship is that it empowers the Board to implement detailed regulations necessary for effective wildlife management while maintaining compliance with the overarching statutory framework.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 6

"C. Landowners enrolled in the Landowner License Program maintain the right to li..."

General Delegation

AUTHORIZING STATUTE § 29.1-305.01

ANALYSIS

§ 29.1-305.01 specifically grants the Board the authority to create special licenses, establish quotas, and set procedures for selection, as well as to establish guidelines for the transfer of these licenses. This broad grant of authority allows the Board to implement regulations that address various aspects of the special elk license program, including the rights of landowners enrolled in the Landowner License Program to limit access to their property. The legal significance of this relationship is that it enables the Board to exercise discretion in managing the elk hunting program while ensuring that landowner rights are respected, thereby aligning regulatory actions with the overarching statutory framework.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 7

"D. The department shall determine and make available to the public a program gui..."

Express Delegation

AUTHORIZING STATUTE § 29.1-305.01

ANALYSIS

§ 29.1-305.01 specifically states that the Board may create a special license to hunt elk, establish quotas and procedures for selection, and set guidelines for the transfer of these licenses. This results in EXPRESS DELEGATION because the statute explicitly grants the Board the authority to create and manage the special elk hunting license program, which includes determining how landowners accrue points towards obtaining such a license. The legal significance of this authorization relationship is that it allows the Board to implement detailed operational procedures through regulation, ensuring that the management of elk hunting licenses aligns with the statutory framework established by the legislature.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 8

"E. Landowners who accrue the necessary number of points, as defined in the progr..."

Express Delegation

AUTHORIZING STATUTE § 29.1-305.01

ANALYSIS

§ 29.1-305.01 specifically grants the Board the authority to create a special license for hunting elk, establish quotas, procedures for selection, and guidelines for transferring these licenses. This results in EXPRESS_DELEGATION because the regulation directly implements the Board's authority to create a lottery system for landowners to obtain special elk hunting licenses, as outlined in the statute. The legal significance of this authorization relationship is that it allows the Board to exercise its statutory powers in a manner that facilitates the management of elk hunting while ensuring that landowners have a structured opportunity to participate in the special licensing process.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 9

"F. Landowners enrolled in the Landowner License Program shall not subdivide cont..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of regulations that manage the interactions and practices surrounding wildlife, including the stipulation in the regulation that landowners enrolled in the Landowner License Program must not subdivide contiguous properties, which is necessary to maintain the integrity of wildlife management efforts. The legal significance of this authorization relationship is that it empowers the Board to create rules that ensure sustainable practices and protect wildlife resources, reflecting the intent of the statute to regulate various aspects of wildlife management comprehensively.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 10

"G. License points cannot be sold or traded. License points are nontransferable i..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to regulate various aspects of licensing, including the nontransferability of license points, which is addressed in the regulation. The legal significance of this relationship is that it empowers the board to establish detailed rules that govern the management of license points, ensuring compliance with the overarching statutory framework.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 11

"H. Landowners receiving a special elk hunting license shall comply with all of t..."

General Delegation

AUTHORIZING STATUTE § 29.1-305.01

ANALYSIS

§ 29.1-305.01 specifically grants the Board the authority to create a special license for hunting elk, establish quotas and procedures for selection, and set guidelines for the transfer of these licenses. This broad grant of authority allows the Board to implement regulations that ensure compliance with the established procedures and requirements, resulting in GENERAL_DELEGATION as the regulation outlines specific obligations for landowners receiving the special elk hunting license. The legal significance of this authorization relationship is that it empowers the Board to enforce compliance and manage the elk hunting process effectively within the framework set by the statute.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 12

"I. A special elk hunting license awarded to the landowner shall only be used on ..."

General Delegation

AUTHORIZING STATUTE § 29.1-305.01

ANALYSIS

§ 29.1-305.01 specifically grants the Board the authority to create a special license for hunting elk, establish quotas and procedures for selection, and set guidelines for the transfer of these licenses. This broad grant of authority allows the Board to implement specific regulations, such as restricting the use of the special elk hunting license to land enrolled in the Landowner License Program, which falls within the scope of managing elk hunting effectively. The legal significance of this relationship is that it enables the Board to exercise discretion in regulating hunting practices while ensuring compliance with the overarching statutory framework.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 13

"J. A landowner may transfer the special elk hunting license to any person eligib..."

General Delegation

AUTHORIZING STATUTE § 29.1-305.01

ANALYSIS

§ 29.1-305.01 specifically grants the Board the authority to create a special license to hunt elk, establish quotas and procedures for selection, and set guidelines for the transfer of these licenses. This broad grant of authority allows the Board to implement regulations regarding the transfer of special elk hunting licenses, including stipulations about eligibility and reporting requirements, without needing further specific legislative approval. The legal significance of this relationship is that it empowers the Board to manage the special elk hunting licenses effectively while ensuring compliance with the established guidelines, reflecting the intent of the statute to provide flexibility in regulation.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 14

"2. Department customer identification number;"

General Delegation

AUTHORIZING STATUTE § 29.1-305.01

ANALYSIS

§ 29.1-305.01 specifically grants the Board the authority to create special licenses for hunting elk, establish quotas, and set procedures for selection and transfer of these licenses. This broad grant of authority allows the Board to implement necessary administrative processes, such as requiring a customer identification number, which supports the management of the special elk license program. The legal significance of this relationship is that it enables the Board to exercise discretion in administrative matters while ensuring compliance with the overarching statutory framework.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 15

"3. Address; and"

General Delegation

AUTHORIZING STATUTE § 29.1-305.01

ANALYSIS

§ 29.1-305.01 specifically grants the Board the authority to create a special license for hunting elk, establish quotas and procedures for selection, and set guidelines for transferring these licenses. This broad grant of authority allows the Board to implement various operational details, including the regulation in question, which addresses procedural aspects necessary for managing the special elk license system. The legal significance of this relationship is that it empowers the Board to exercise discretion in the implementation of the statute, ensuring effective management of elk hunting within the designated zone.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 16

"4. Telephone number."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and transportation of wild birds and animals. This broad grant of authority allows the Board to establish necessary regulations, such as providing a telephone number for inquiries or reporting, which supports the overall regulatory framework without needing to detail every operational aspect. The legal significance of this relationship is that it empowers the Board to implement practical measures that facilitate compliance and communication, ensuring effective management of wildlife resources under the general authority provided by the statute.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 17

"K. A landowner shall not charge a fee for hunters to hunt elk on properties enro..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that manage hunting practices, including the conditions under which landowners may allow hunting on their properties, thereby justifying the GENERAL_DELEGATION for the regulation concerning fees for hunting elk. The legal significance of this authorization relationship is that it empowers the Board to create specific rules that ensure the sustainable management of wildlife resources while maintaining compliance with the overarching statutory framework.

ADDITIONAL AUTHORITY § 29.1-305.01

Provision 18

"L. A special elk hunting license transferee may be rejected if it is determined ..."

General Delegation

AUTHORIZING STATUTE § 29.1-305.01

ANALYSIS

§ 29.1-305.01 specifically grants the Board the authority to create a special license for hunting elk, establish quotas and procedures for selection, and set guidelines for the transfer of these licenses. This broad grant of authority allows the Board to implement regulations that ensure the integrity of the special elk license transfer process, including the ability to reject transferees based on prior wildlife violations. The legal significance of this authorization relationship is that it empowers the Board to regulate hunting practices effectively while maintaining the conservation goals outlined in the statute.

ADDITIONAL AUTHORITY § 29.1-305.01

Game: Deer

4VAC15-90-550

Express

General

Overreach

Unauthorized

Requirements

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.¹ 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.² 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.³ 2. Cooperator or organization mission statement.⁴ 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.⁵ 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.⁶ 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.⁷ 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.⁸ 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;⁹ 2. Department customer identification number;¹⁰ 3. Address; and¹¹ 4. Telephone number.¹² 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.¹³ 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.¹⁴

Provision-Level Authorization Analysis

Provision 1

"A. For the purposes of this section, the following words or terms shall have the..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to define terms and establish guidelines that support the overarching goals of wildlife conservation, which is reflected in the regulation's definition of individuals and organizations involved in conservation efforts. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations that facilitate effective management and protection of wildlife resources, aligning with the statutory intent to promote conservation.

Provision 2

"B. Upon receipt of a valid Conservation License Program application from an offi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild birds and animals. This broad grant of authority allows for GENERAL_DELEGATION because it encompasses the regulation's provisions regarding the verification and selection process for Conservation License Program applications, which are essential for effective wildlife conservation efforts. The legal significance of this authorization relationship is that it empowers designated officials to implement and manage conservation initiatives, ensuring that the Board's regulatory framework is effectively executed in practice.

Provision 3

"C. A valid Conservation License Program application shall include: 1. Cooperator..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority allows the Board to establish necessary procedures, such as those outlined in the regulation regarding the requirements for a Conservation License Program application, which facilitates the management and oversight of wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that are essential for the effective administration and conservation of wildlife, ensuring compliance with statutory mandates.

Provision 4

"2. Cooperator or organization mission statement."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to establish regulations that define the operational framework for cooperators or organizations, such as the requirement for a mission statement, thereby falling under GENERAL_DELEGATION. The legal significance of this relationship is that it enables the board to implement regulations that support its overarching mandate without requiring further specific legislative approval for each regulation.

Provision 5

"3. A written application describing: a. Cooperator or organization role in wildl..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish regulations that encompass various aspects of wildlife management, including the application process for special licenses, as seen in the regulation requiring a written application detailing the role and intent of cooperators in wildlife conservation. The legal significance of this authorization relationship is that it enables the Board to implement detailed and specific regulations necessary for effective wildlife conservation and management, reflecting the statutory intent to provide comprehensive oversight in these areas.

Provision 6

"D. The director shall establish a Conservation License Program Committee to revi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the establishment of a Conservation License Program Committee, as it relates to the management and regulation of hunting licenses, which falls within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows for flexibility in the implementation of specific programs under the overarching regulatory framework established by the statute, thereby facilitating effective wildlife management.

Provision 7

"E. A cooperator or organization receiving a reserved special elk hunting license..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation requiring proceeds from special elk hunting licenses to be directed toward projects that enhance wildlife habitat and populations, as it relates to the management and conservation of wildlife resources. The legal significance of this authorization relationship is that it allows the Board to implement regulations that support wildlife management objectives, ensuring that activities related to hunting contribute positively to wildlife conservation efforts.

Provision 8

"F. A cooperator or organization may transfer the reserved special elk hunting li..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of various aspects of wildlife management, including the transfer of hunting licenses, which is directly related to the Board's responsibilities in managing hunting practices and ensuring compliance with wildlife conservation efforts. The legal significance of this authorization relationship is that it empowers the Board to create regulations that facilitate the effective administration of hunting licenses, thereby enhancing the overall regulatory framework for wildlife management in Virginia.

Provision 9

"G. Transfer of the reserved special elk hunting license must be reported to the ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific requirements, such as the reporting of special elk hunting license transfers, as it falls within the general framework of regulating hunting activities. The legal significance of this relationship is that it enables the Board to implement detailed regulations necessary for the effective management and oversight of wildlife resources, ensuring compliance with broader statutory mandates.

Provision 10

"2. Department customer identification number;"

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to implement regulations that facilitate its operations, such as establishing a customer identification number, which falls within the scope of managing departmental functions. The legal significance of this authorization relationship is that it empowers the board to create necessary operational guidelines without needing further specific legislative approval, thus ensuring efficient governance.

Provision 11

"3. Address; and"

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically states that the board has the authority to adopt regulations and amendments to regulations after fulfilling the necessary hearing and notice requirements. This broad grant of authority allows the board to implement a wide range of regulations, including those that address procedural or administrative matters, which is consistent with the nature of the regulation in question. The legal significance of this relationship is that it provides the board with the flexibility to regulate effectively within its domain, ensuring that the regulations serve the intended purpose without requiring a more restrictive authorization level.

Provision 12

"4. Telephone number."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including the hunting, taking, and transportation of wild birds and animals. This broad language allows for the establishment of regulations that facilitate communication and operational efficiency, such as providing a telephone number for inquiries or reporting, which falls under the general authority to manage and regulate wildlife activities. The legal significance of this authorization relationship is that it empowers the Board to implement necessary administrative measures that support the effective enforcement and public engagement of wildlife regulations without requiring specific legislative approval for each detail.

Provision 13

"H. A special elk hunting license transferee may be rejected if it is determined ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad authority allows the Board to establish criteria for eligibility regarding hunting licenses, including the assessment of a transferee's prior wildlife violations, which falls within the scope of regulating the taking and possession of wildlife. The legal significance of this relationship is that it enables the Board to implement necessary measures to ensure responsible wildlife management and conservation, reflecting the intent of the statute to regulate activities that impact wildlife resources.

Provision 14

"I. A cooperator or organization that receives a reserved special elk hunting lic..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses the regulation's requirement for annual reporting on proceeds from reserved special elk hunting licenses, as it pertains to the management and conservation of wildlife resources. The legal significance of this authorization relationship is that it allows for the implementation of regulations that support wildlife conservation efforts, reflecting the agency's mandate to oversee and regulate activities affecting wildlife.

Game: Dove

4VAC15-100-10

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to use dogs for retrieving doves during the open season for hunting same.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to use dogs for retrieving doves during the open season for h..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses various aspects of hunting practices, including the use of dogs for retrieving doves, which aligns with the regulation's focus on lawful hunting methods during the designated season. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations that facilitate and manage hunting activities, ensuring they are conducted in a manner consistent with the overarching statutory framework.

Game: Fisher

4VAC15-105-10

Express

General

Overreach

Unauthorized

Requirements

Closed season; generally..¹ There shall be a continuous closed season for hunting and trapping fishers.²

Provision-Level Authorization Analysis

Provision 1

"Closed season; generally.."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the establishment of closed seasons, which is necessary to ensure sustainable populations and responsible management practices. The legal significance of this relationship is that it allows the Board to implement regulations that are essential for conservation efforts without requiring further legislative approval, thereby facilitating timely and effective wildlife management.

Provision 2

"There shall be a continuous closed season for hunting and trapping fishers."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the establishment of closed seasons for hunting and trapping, which directly relates to the regulation's aim to manage fishers' populations. The legal significance of this authorization relationship is that it allows the Board to implement necessary conservation measures without needing further legislative approval, thereby ensuring effective wildlife management.

Game: Fox

4VAC15-110-10

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to hunt foxes with dogs on the George Washington/Jefferson National Forest and on the Gathright, Goshen, G.¹ Richard Thompson, Highland, Little North Mountain and Rapidan Wildlife Management Areas except during the period when it is lawful to hunt foxes with firearms.²

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to hunt foxes with dogs on the George Washington/Jefferson ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to regulate specific hunting practices, such as the prohibition of hunting foxes with dogs in designated areas, thereby resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Board to establish regulations that ensure the conservation and management of wildlife resources while maintaining compliance with the overarching statutory framework.

Provision 2

"Richard Thompson, Highland, Little North Mountain and Rapidan Wildlife Managemen..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning specific wildlife management areas and hunting restrictions, allowing for flexibility in managing wildlife resources and ensuring compliance with hunting laws. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that are necessary for the effective management and conservation of wildlife, reflecting the intent of the statute to protect these resources while allowing for regulated hunting activities.

Game: Fox

4VAC15-110-20

Express

General

Overreach

Unauthorized

Requirements

Hunting with firearms; open season for red fox.¹ Except as otherwise provided with the specific exceptions provided in this chapter, it shall be lawful to hunt red foxes with firearms from November 1 through the last day in February, both dates inclusive.²

Provision-Level Authorization Analysis

Provision 1

"Hunting with firearms; open season for red fox."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the establishment of hunting seasons, which directly relates to the regulation concerning hunting with firearms for red fox. The legal significance of this authorization relationship is that it allows the Board to implement regulations that are necessary for the effective management and conservation of wildlife resources, ensuring that such activities are conducted in a regulated and sustainable manner.

Provision 2

"Except as otherwise provided with the specific exceptions provided in this chapt..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the regulation to establish specific hunting seasons and methods, such as the lawful hunting of red foxes with firearms during designated months, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it enables the Board to create detailed rules that govern wildlife management and conservation, ensuring that such activities are regulated in accordance with the overarching statutory framework.

Game: Fox

4VAC15-110-25

Express

General

Overreach

Unauthorized

Requirements

Hunting with firearms; open season for gray fox.¹ Except as otherwise provided with the specific exceptions provided in this chapter, it shall be lawful to hunt gray foxes with firearms from January 1 through the last day in February, both dates inclusive.²

Provision-Level Authorization Analysis

Provision 1

"Hunting with firearms; open season for gray fox."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild animals. This broad language allows for a wide range of regulatory actions, such as establishing open seasons for specific species, which aligns with the regulation concerning hunting gray foxes. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife management under the general authority provided by the statute.

Provision 2

"Except as otherwise provided with the specific exceptions provided in this chapt..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses various aspects of wildlife management, allowing for specific regulations such as the lawful hunting of gray foxes within designated timeframes, which falls under the general authority to regulate hunting practices. The legal significance of this authorization relationship is that it enables the Board to create detailed regulations that address specific wildlife management needs while remaining within the framework established by the statute.

Game: Fox

4VAC15-110-30

Express

General

Overreach

Unauthorized

Requirements

Continuous closed season in certain areas.¹ It shall be unlawful to shoot foxes in the following counties, or parts thereof, at any time: Albemarle, Clarke, Culpeper, Fauquier (except within the confines of the Quantico Marine Reservation), Loudoun, Louisa and Rappahannock.²

Provision-Level Authorization Analysis

Provision 1

"Continuous closed season in certain areas."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to implement regulations that address various aspects of wildlife management, including the establishment of continuous closed seasons in certain areas to protect specific species or habitats. The legal significance of this authorization relationship is that it empowers the Board to make necessary and timely decisions regarding wildlife conservation without requiring additional legislative approval, thereby ensuring effective management of natural resources.

Provision 2

"It shall be unlawful to shoot foxes in the following counties, or parts thereof,..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific regulations, such as prohibiting the shooting of foxes in designated counties, as it falls within the scope of managing wildlife and ensuring sustainable practices. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations to protect wildlife while maintaining compliance with the overarching statutory framework.

Game: Fox

4VAC15-110-35

Express

General

Overreach

Unauthorized

Requirements

The bag limit for hunting gray fox shall be one per hunting party, individual or organized, taken between noon of one day and noon the following day.¹

Provision-Level Authorization Analysis

Provision 1

"The bag limit for hunting gray fox shall be one per hunting party, individual or..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation regarding the bag limit for hunting gray fox, as it directly pertains to the taking of a wild animal and establishes specific parameters for hunting practices. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations necessary for the management and conservation of wildlife, ensuring sustainable hunting practices within the framework established by the statute.

Game: Fox

4VAC15-110-50

Express

General

Overreach

Unauthorized

Requirements

Except as otherwise specifically provided by local legislation and with the specific exceptions provided in the sections appearing in this chapter, it shall be lawful to trap foxes from November 15 through the last day of February, both dates inclusive.¹

Provision-Level Authorization Analysis

Provision 1

"Except as otherwise specifically provided by local legislation and with the spec..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific rules, such as the regulation permitting the trapping of foxes during designated months, thereby falling under the general delegation of authority to manage wildlife-related activities. The legal significance of this relationship is that it empowers the Board to enact detailed regulations that align with the overarching statutory framework, ensuring effective wildlife management while maintaining compliance with the law.

Game: Fox

4VAC15-110-60

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to trap foxes in the counties of Clarke (except on the G.¹ Richard Thompson Wildlife Management Area), Fauquier (except on the Chester F.² Phelps and G.³ Richard Thompson Wildlife Management Areas), Loudoun and Rappahannock.⁴

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to trap foxes in the counties of Clarke (except on the G."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to regulate specific activities, such as trapping foxes in certain counties, under the general framework of managing wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to enact regulations that address specific wildlife management issues while remaining within the scope of the authority provided by the statute.

Provision 2

"Richard Thompson Wildlife Management Area), Fauquier (except on the Chester F."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad language allows the Board to create regulations that address specific locations and conditions, such as those outlined in the regulation regarding the Richard Thompson Wildlife Management Area, thereby justifying the use of GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement detailed management practices necessary for wildlife conservation and public safety without requiring further legislative approval for each specific regulation.

Provision 3

"Phelps and G."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for a wide range of regulatory actions, including those that may be encompassed by the regulation in question, thereby justifying the application of GENERAL_DELEGATION. The legal significance of this relationship is that it enables the Board to effectively manage wildlife resources and ensure compliance with established regulations without the need for specific legislative approval for each individual regulation.

Provision 4

"Richard Thompson Wildlife Management Areas), Loudoun and Rappahannock."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting, taking, and possession of wild birds and animals. This broad language allows for the establishment of regulations that address specific management areas, such as the Richard Thompson Wildlife Management Areas, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it enables the Board to implement detailed regulations necessary for effective wildlife management without requiring further legislative approval, ensuring flexibility and responsiveness to conservation needs.

Game: Fox

4VAC15-110-70

Express

General

Overreach

Unauthorized

Requirements

Notwithstanding any other provision of these sections, foxes may be trapped anywhere for the purpose of controlling rabies upon request of the State Department of Health.¹

Provision-Level Authorization Analysis

Provision 1

"Notwithstanding any other provision of these sections, foxes may be trapped anyw..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation allowing for the trapping of foxes to control rabies, as it falls under the category of capturing wild animals for public health purposes. The legal significance of this relationship is that it provides the Board with the necessary flexibility to address public health concerns through the regulation, reflecting the intent of the statute to manage wildlife effectively.

Game: Fox

4VAC15-110-80

Express

General

Overreach

Unauthorized

Requirements

A landowner may kill or have killed red foxes at any time on the landowner's land.¹ Provided further that a landowner may kill or have killed gray foxes at any time on the landowner's land, but only when a gray fox is causing damage to crops or property or is posing a threat to human health or safety.²

Provision-Level Authorization Analysis

Provision 1

"A landowner may kill or have killed red foxes at any time on the landowner's lan..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language allows for regulations that address various aspects of wildlife management, including the killing of specific species on private land, which aligns with the regulation allowing landowners to kill red foxes at any time on their property. The legal significance of this authorization relationship is that it provides the Board with the flexibility to create regulations that effectively manage wildlife populations while respecting landowner rights, thereby ensuring compliance with the overarching statutory framework.

Provision 2

"Provided further that a landowner may kill or have killed gray foxes at any time..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation allowing landowners to kill gray foxes causing damage or posing threats, as it falls within the scope of managing wildlife in relation to property protection and public safety. The legal significance of this authorization relationship is that it empowers the Board to create flexible regulations that address specific circumstances while ensuring compliance with the overarching statutory framework.

Game: Fox

4VAC15-110-90

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to use dogs for the hunting of foxes during the open season for hunting deer on the Gathright, Goshen, Highland and Little North Mountain Wildlife Management Areas and within the boundaries of the George Washington/Jefferson National Forest.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to use dogs for the hunting of foxes during the open season..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to regulate various aspects of wildlife management, including the methods of hunting, which encompasses the prohibition of using dogs for hunting foxes during specific seasons in designated areas. The legal significance of this authorization relationship is that it enables the Board to implement regulations that ensure the sustainable management of wildlife populations and habitats, reflecting the agency's responsibility to oversee hunting practices effectively.

Game: Grouse

4VAC15-120-10

Express

General

Overreach

Unauthorized

Requirements

Except as otherwise specifically provided in the sections appearing in this chapter, it shall be lawful to hunt grouse from the Saturday prior to the last Monday in October through the second Saturday in February both dates inclusive.¹

Provision-Level Authorization Analysis

Provision 1

"Except as otherwise specifically provided in the sections appearing in this chap..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish specific hunting seasons and regulations, such as the lawful hunting of grouse during designated dates, which falls within the scope of managing wildlife resources. The legal significance of this relationship is that it empowers the Board to make detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

Game: Grouse

4VAC15-120-20

Express

General

Overreach

Unauthorized

Requirements

The bag limit for hunting grouse shall be three a day.¹

Provision-Level Authorization Analysis

Provision 1

"The bag limit for hunting grouse shall be three a day."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild birds. This broad language allows the Board to establish specific rules, such as bag limits for hunting, which fall within the scope of managing the hunting of wild birds. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife conservation and management, reflecting the legislative intent to provide flexibility in addressing specific wildlife issues.

Game: Grouse

4VAC15-120-30

Express

General

Overreach

Unauthorized

Requirements

There shall be continuous closed season for the hunting or shooting of grouse in all counties and portions of counties lying east of U.S.¹ Route I-95.²

Provision-Level Authorization Analysis

Provision 1

"There shall be continuous closed season for the hunting or shooting of grouse in..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad grant of authority encompasses the regulation concerning the continuous closed season for hunting grouse, as it falls within the scope of managing the hunting of wild birds to ensure conservation and sustainability. The legal significance of this relationship is that it allows the Board to implement necessary measures for wildlife management without requiring further legislative action, thereby providing flexibility to respond to ecological needs.

Provision 2

"Route I-95."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation concerning "Route I-95" appears to exceed this authority as it does not directly pertain to the activities of hunting or taking wildlife but rather addresses a specific geographic route, which is outside the scope of the statutory language. The legal significance of this relationship is that the regulation may impose restrictions or requirements that are not supported by the statutory framework, thereby potentially infringing on the limits of the Board's regulatory power.

Game: Mink

4VAC15-130-20

Express

General

Overreach

Unauthorized

Requirements

Open season for trapping; generally.¹ Except as otherwise specifically provided in the sections appearing in this chapter, it shall be lawful to trap mink from December 1 through the last day of February, both dates inclusive.²

Provision-Level Authorization Analysis

Provision 1

"Open season for trapping; generally."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting and trapping of wild animals. This broad language encompasses the regulation concerning the open season for trapping, as it falls within the scope of managing the taking and capture of wild animals. The legal significance of this authorization relationship is that it allows the Board to implement regulations that are necessary for effective wildlife conservation and management without needing further specific legislative approval.

Provision 2

"Except as otherwise specifically provided in the sections appearing in this chap..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the trapping of mink, as it falls under the category of taking and capturing wild animals, thereby justifying a GENERAL_DELEGATION of authority. The legal significance of this relationship is that it allows the Board to create specific rules within the framework established by the statute, ensuring effective management and conservation of wildlife resources.

Game: Muskrat

4VAC15-140-20

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to trap muskrat from December 1 through the last day of February, both dates inclusive, except there shall be a continuous open season to trap muskrat within the incorporated limits of any city or town in the Commonwealth and in the counties of Arlington, Chesterfield, Fairfax, Henrico, James City, Loudoun, Prince William, Spotsylvania, Stafford, Roanoke and York.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to trap muskrat from December 1 through the last day of Febru..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of specific regulations, such as the lawful trapping of muskrat during designated periods, which falls within the general authority to regulate the taking of wildlife. The legal significance of this relationship is that it enables the Board to create detailed rules that govern wildlife management while remaining within the framework of the overarching statutory authority.

Game: Opossum

4VAC15-160-10

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to hunt opossum from October 15 through March 10, both dates inclusive.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to hunt opossum from October 15 through March 10, both dates ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses the regulation that establishes specific hunting seasons for opossum, as it falls under the category of hunting and taking of wild animals. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations necessary for the management and conservation of wildlife within the framework established by the statute.

Game: Opossum

4VAC15-160-31

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to trap opossum from November 15 through the last day of February, both dates inclusive, except there shall be a continuous open season to trap opossum within the incorporated limits of any city or town in the Commonwealth and in the counties of Arlington, Chesterfield, Fairfax, Henrico, James City, Loudoun, Prince William, Spotsylvania, Stafford, Roanoke and York.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to trap opossum from November 15 through the last day of Febr..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses various aspects of wildlife management, allowing the Board to establish specific regulations, such as the trapping of opossum, which falls under the category of taking and capturing wildlife. The legal significance of this authorization relationship is that it enables the Board to create detailed regulations that address specific wildlife management practices while remaining within the framework established by the statute.

Game: Otter

4VAC15-170-20

Express

General

Overreach

Unauthorized

Requirements

A. It shall be lawful to trap otter from December 1 through the last day of February, both dates inclusive.¹ B. The season bag limit for trapping otter shall be four per trapper in counties west of the Blue Ridge Mountains.²

Provision-Level Authorization Analysis

Provision 1

"A. It shall be lawful to trap otter from December 1 through the last day of Febr..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific rules, such as the lawful trapping of otter during designated months, as it falls within the general categories of taking and capturing wild animals. The legal significance of this authorization relationship is that it enables the Board to implement detailed regulations necessary for effective wildlife management while remaining within the framework established by the statute.

Provision 2

"B. The season bag limit for trapping otter shall be four per trapper in countie..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific regulations, such as the season bag limit for trapping otter, as it falls within the general scope of managing wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for the effective management and conservation of wildlife, ensuring that such activities are conducted in a sustainable manner.

Game: Otter

4VAC15-170-30

Express

General

Overreach

Unauthorized

Requirements

Pelts to be sealed before sale, etc. It shall be unlawful to buy, sell, barter, exchange, traffic or trade in, bargain for, solicit for, purchase or transport out of the Commonwealth, any otter pelts until the pelts have been sealed by an agent of the department.¹ This requirement shall not apply to licensed taxidermists who ship otter pelts out of state for tanning purposes or to individuals who ship otter pelts out of state to be tanned for personal use.² All otter pelts required to be sealed under the provisions of this chapter must be sealed not later than April 1 of the license year in which the animal is taken.³

Provision-Level Authorization Analysis

Provision 1

"Pelts to be sealed before sale, etc. It shall be unlawful to buy, sell, barter, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the sealing of otter pelts, as it directly relates to the sale and transportation of a wild animal product, thereby fitting within the scope of the Board's regulatory authority. The legal significance of this relationship is that it allows the Board to implement necessary measures to manage wildlife resources effectively while ensuring compliance with conservation laws, thus justifying the GENERAL_DELEGATION of authority.

Provision 2

"This requirement shall not apply to licensed taxidermists who ship otter pelts o..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation to exempt licensed taxidermists and individuals shipping otter pelts for personal use, as it falls within the scope of the Board's authority to manage the possession and transportation of wildlife products. The legal significance of this relationship is that it enables the Board to adapt regulations to practical circumstances while ensuring compliance with the overarching statutory framework.

Provision 3

"All otter pelts required to be sealed under the provisions of this chapter must ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the sealing of pelts, which is a necessary regulatory measure to ensure compliance with hunting laws and conservation efforts. The legal significance of this authorization relationship is that it allows the Board to implement specific regulations, like the sealing requirement for otter pelts, under the general authority provided by the statute, thereby facilitating effective wildlife management without the need for further legislative action.

Game: Pheasant

4VAC15-180-10

Express

General

Overreach

Unauthorized

Requirements

Open season; generally.¹ Except as otherwise specifically provided in the sections appearing in this chapter, it shall be lawful to hunt pheasant during the period when it is lawful to take quail.²

Provision-Level Authorization Analysis

Provision 1

"Open season; generally."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild birds and animals. This broad language encompasses the regulation concerning open seasons, as it falls under the Board's responsibility to manage the timing and conditions under which wildlife may be hunted. The legal significance of this authorization relationship is that it allows the Board to exercise discretion in establishing regulations that are necessary for effective wildlife conservation and management, reflecting the intent of the statute to provide comprehensive oversight.

Provision 2

"Except as otherwise specifically provided in the sections appearing in this chap..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific hunting regulations, such as the lawful hunting period for pheasant in relation to quail, under the umbrella of managing wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

Game: Quail

4VAC15-190-10

Express

General

Overreach

Unauthorized

Requirements

A. Except as provided in subsection B of this section, it shall be lawful to hunt quail from the Saturday prior to the second Monday in November through January 31, both dates inclusive.¹ B. It shall be unlawful to hunt quail on all public lands west of the Blue Ridge Mountains.²

Provision-Level Authorization Analysis

Provision 1

"A. Except as provided in subsection B of this section, it shall be lawful to ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation regarding the lawful hunting of quail, as it falls within the scope of hunting regulations that the Board is empowered to establish. The legal significance of this authorization relationship is that it allows the Board to create specific hunting seasons and rules, ensuring wildlife management and conservation within the framework set by the statute.

Provision 2

"B. It shall be unlawful to hunt quail on all public lands west of the Blue Ridge..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language encompasses the regulation prohibiting the hunting of quail on public lands west of the Blue Ridge Mountains, as it falls under the Board's authority to regulate hunting practices to manage wildlife populations and ensure public safety. The legal significance of this authorization relationship is that it allows the Board to implement specific hunting restrictions based on ecological and conservation needs without requiring further legislative approval, thereby facilitating effective wildlife management.

Game: Quail

4VAC15-190-40

Express

General

Overreach

Unauthorized

Requirements

The bag limit for quail shall be six a day.¹

Provision-Level Authorization Analysis

Provision 1

"The bag limit for quail shall be six a day."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including setting specific limits on the number of birds that can be hunted, which is reflected in the regulation establishing a bag limit for quail. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations necessary for effective wildlife conservation and management under the general authority provided by the statute.

Game: Quail

4VAC15-190-60

Express

General

Overreach

Unauthorized

Requirements

Release of pen-raised quail on private lands.¹ It shall be lawful to release pen-raised bobwhite quail on private lands with permission of the landowner.² Released pen-raised quail may be recaptured using a call back cage.³ For the purposes of this section, a call back cage is defined as a cage, pen, box, or barrel with one or more funnel entrances to allow pen-raised quail to enter from the outside.⁴ The call back cage must contain one or more live pen-raised bobwhites (call birds).⁵ Each call back cage shall be marked by means of a nonferrous metal tag bearing the name and address of the person operating such call back cage.⁶ No bait or food may be placed outside of the call back cage and no call back cages may be set on lands without permission of the landowner.⁷

Provision-Level Authorization Analysis

Provision 1

"Release of pen-raised quail on private lands."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the release of pen-raised quail on private lands, as it pertains to the taking and management of wild birds. The legal significance of this authorization relationship is that it allows the Board to implement regulations that facilitate wildlife conservation and management while ensuring compliance with the overarching statutory framework.

Provision 2

"It shall be lawful to release pen-raised bobwhite quail on private lands with pe..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses various aspects of wildlife management, including the regulation of the release of pen-raised bobwhite quail on private lands, thereby justifying the application of GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to implement regulations that are necessary for effective wildlife management without the need for specific legislative approval for each individual regulation.

Provision 3

"Released pen-raised quail may be recaptured using a call back cage."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses various methods of managing wildlife, including the recapture of released pen-raised quail, thus justifying the regulation under GENERAL_DELEGATION as it falls within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to implement specific management practices necessary for wildlife conservation and regulation without requiring further legislative approval for each individual regulation.

Provision 4

"For the purposes of this section, a call back cage is defined as a cage, pen, bo..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation defining a call back cage, as it pertains to the capture and management of wild birds, thus falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations necessary for the effective management and conservation of wildlife, ensuring compliance with the overarching statutory framework.

Provision 5

"The call back cage must contain one or more live pen-raised bobwhites (call bird..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including the capture and possession of wild birds. This broad language allows for the establishment of specific requirements, such as the use of live pen-raised bobwhites as call birds, under the general framework of managing hunting practices. The legal significance of this relationship is that it enables the Board to implement detailed regulations necessary for effective wildlife management while remaining within the scope of the authority granted by the statute.

Provision 6

"Each call back cage shall be marked by means of a nonferrous metal tag bearing t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation requiring that each call back cage be marked with a nonferrous metal tag, as it pertains to the capture and possession of wildlife, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to implement specific measures that ensure compliance and accountability in the handling of wildlife, reflecting the intent of the statute to manage and protect these resources effectively.

Provision 7

"No bait or food may be placed outside of the call back cage and no call back cag..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the placement of bait and the use of call back cages, as it directly relates to the management and control of wildlife practices, thereby justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure responsible wildlife management and conservation without requiring specific legislative approval for each regulation.

Game: Rabbit and Hares

4VAC15-200-10

Express

General

Overreach

Unauthorized

Requirements

Open season; generally.¹ Except as otherwise specifically provided by the sections appearing in this chapter, it shall be lawful to hunt rabbit from the Saturday prior to the first Monday in November through the last day in February , both dates inclusive.²

Provision-Level Authorization Analysis

Provision 1

"Open season; generally."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild birds and animals. This broad language allows the Board to establish specific open seasons for hunting, as it falls under the general authority to regulate the taking and possession of wildlife. The legal significance of this relationship is that it empowers the Board to make detailed decisions regarding wildlife management without requiring additional legislative approval, thereby facilitating timely and responsive regulation to changing wildlife conditions.

Provision 2

"Except as otherwise specifically provided by the sections appearing in this chap..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the lawful hunting of rabbits, as it falls within the scope of hunting and taking of wild animals, thereby justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to establish specific hunting seasons and regulations under the umbrella of the authority provided by the statute, ensuring that wildlife management can be effectively regulated.

Game: Rabbit and Hares

4VAC15-200-15

Express

General

Overreach

Unauthorized

Requirements

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.¹ Rabbits harvested on properties that span the Commonwealth's boundary with an adjoining state shall not be considered imported. "Wild rabbit" means any member of the taxonomic order Lagomorpha, including rabbits, hares, and pika regulated by the Department of Wildlife Resources and not defined as domestic breeds by the American Rabbit Breeders Association.²

Provision-Level Authorization Analysis

Provision 1

"Commonwealth in such a manner that the carcass or carcass parts are removed from..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to implement regulations that address various aspects of managing resources within the Commonwealth, including the handling and placement of carcasses or carcass parts. The legal significance of this relationship is that it empowers the board to create detailed regulations that are necessary for the effective management and enforcement of wildlife and resource conservation laws, reflecting the intent of the statute to provide comprehensive regulatory oversight.

Provision 2

"Rabbits harvested on properties that span the Commonwealth's boundary with an ad..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the status of rabbits harvested across state boundaries, as it pertains to the capture and possession of wildlife, thereby justifying GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement regulations that effectively manage wildlife resources without requiring specific legislative approval for each individual regulation.

Game: Rabbit and Hares

4VAC15-200-20

Express

General

Overreach

Unauthorized

Requirements

The bag limit for rabbit shall be six a day.¹

Provision-Level Authorization Analysis

Provision 1

"The bag limit for rabbit shall be six a day."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language allows the Board to establish specific rules, such as bag limits for hunting, as it falls within the general scope of managing wildlife resources and ensuring sustainable practices. The legal significance of this authorization relationship is that it empowers the Board to make detailed regulatory decisions necessary for effective wildlife management without requiring further legislative approval for each specific regulation.

Game: Rabbit and Hares

4VAC15-200-30

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to trap rabbits with box traps from October 15 through January 31, both dates inclusive; provided, that no traps shall be set on the lands of another without written permission; provided further, that it shall be lawful to live-trap rabbits and transport them only within the county of capture, for release or restocking purposes in Virginia at any time, provided they are not released onto the lands of another without permission.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to trap rabbits with box traps from October 15 through Januar..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various activities concerning wild birds, wild animals, and inland water fish, including their capture and transportation. This broad grant of authority allows the regulation to establish specific rules for trapping rabbits, as it falls within the overarching categories of taking and transportation of wild animals, thus resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed regulations that ensure the management and conservation of wildlife while adhering to the statutory framework provided.

Game: Rabbit and Hares

4VAC15-200-50

Express

General

Overreach

Unauthorized

Requirements

No person shall import or possess a whole carcass or any part of a carcass of a wild rabbit originating from outside the Commonwealth, except for a fully dressed carcass with the skin, feet, head, and internal organs removed.¹

Provision-Level Authorization Analysis

Provision 1

"No person shall import or possess a whole carcass or any part of a carcass of a ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the importation and possession of wild rabbit carcasses, as it falls under the category of possession and transportation of wild animals. The legal significance of this authorization relationship is that it allows the Board to create specific regulations to manage wildlife resources effectively while ensuring compliance with broader statutory mandates.

Game: Rabbit and Hares

4VAC15-200-60

Express

General

Overreach

Unauthorized

Requirements

No wild rabbit carcasses or carcass parts may be discarded or disposed of directly on the ground.¹ All such carcasses or carcass parts must be buried at least two feet below ground, incinerated, or securely bagged and discarded in household trash for ultimate disposal in a permitted landfill.²

Provision-Level Authorization Analysis

Provision 1

"No wild rabbit carcasses or carcass parts may be discarded or disposed of direct..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the disposal of wild rabbit carcasses, as it falls within the realm of managing the handling and treatment of wildlife, thereby justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement regulations that ensure proper wildlife management and public health without needing to seek further specific legislative approval for every detail.

Provision 2

"All such carcasses or carcass parts must be buried at least two feet below groun..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of regulations that ensure proper handling and disposal of carcasses, which directly relates to the agency's responsibility to manage wildlife resources and public health. The legal significance of this authorization relationship is that it empowers the Board to implement necessary measures for wildlife management and environmental protection under a general delegation of authority, without requiring specific legislative approval for each regulation.

Game: Raccoon

4VAC15-210-10

Express

General

Overreach

Unauthorized

Requirements

the purpose of this section shall include, but not be limited to, having these devices in or on one's person, vehicle, or conveyance while engaged in the act of chasing.¹

Provision-Level Authorization Analysis

Provision 1

"the purpose of this section shall include, but not be limited to, having these d..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting and taking of wild birds and animals. This broad language allows the regulation to encompass a wide range of activities and devices associated with hunting, thereby justifying the GENERAL_DELEGATION as it aligns with the overarching purpose of managing wildlife resources. The legal significance of this relationship is that it empowers the Board to create flexible regulations that adapt to the needs of wildlife management while remaining within the scope of the authority granted by the statute.

Game: Raccoon

4VAC15-210-30

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to take raccoon by hunting from October 15 through March 10, both dates inclusive.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to take raccoon by hunting from October 15 through March 10, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the lawful taking of raccoon by establishing specific hunting dates, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to manage wildlife resources effectively while ensuring compliance with established hunting seasons, thereby promoting conservation and sustainable practices.

Game: Raccoon

4VAC15-210-51

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to trap raccoon from November 15 through the last day of February, both dates inclusive, except there shall be a continuous open season to trap raccoon within the incorporated limits of any city or town in the Commonwealth and in the counties of Arlington, Chesterfield, Fairfax, Henrico, James City, Loudoun, Prince William, Spotsylvania, Stafford, Roanoke and York.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to trap raccoon from November 15 through the last day of Febr..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the trapping of raccoon, as it falls under the category of taking and capturing wild animals, thus justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations that manage wildlife resources effectively while adhering to the overarching statutory framework.

Game: Raccoon

4VAC15-210-70

Express

General

Overreach

Unauthorized

Requirements

Bag limit for hunting and trapping; counties east of the Blue Ridge Mountains.¹ The bag limit for hunting raccoon in all counties east of the Blue Ridge Mountains shall be two per hunter, taken between noon of one day and noon the following day.²

Provision-Level Authorization Analysis

Provision 1

"Bag limit for hunting and trapping; counties east of the Blue Ridge Mountains."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including establishing bag limits for hunting and trapping, which is directly addressed in the regulation concerning counties east of the Blue Ridge Mountains. The legal significance of this authorization relationship is that it allows the Board to implement specific regulations necessary for effective wildlife conservation and management, reflecting the intent of the statute to provide comprehensive oversight of wildlife activities.

Provision 2

"The bag limit for hunting raccoon in all counties east of the Blue Ridge Mountai..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the bag limit for hunting raccoon, as it directly pertains to the taking of a wild animal, thus falling within the scope of the authority granted by the statute. The legal significance of this authorization relationship is that it allows the Board to establish specific hunting regulations, like bag limits, without requiring further legislative approval, thereby facilitating effective wildlife management.

Game: Raccoon

4VAC15-210-80

Express

General

Overreach

Unauthorized

Requirements

Bag limit for hunting and trapping; counties west of the Blue Ridge Mountains.¹ Except as provided by local legislation, the bag limit for hunting raccoon in all counties west of the Blue Ridge Mountains shall be two per hunting party, individual or organized, taken between noon of one day and noon the following day.²

Provision-Level Authorization Analysis

Provision 1

"Bag limit for hunting and trapping; counties west of the Blue Ridge Mountains."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation regarding bag limits for hunting and trapping, as it directly relates to the taking of wild animals and thus falls within the scope of the authority provided by the statute. The legal significance of this authorization relationship is that it allows the Board to establish specific management practices, such as bag limits, to ensure sustainable wildlife populations while remaining compliant with the overarching statutory framework.

Provision 2

"Except as provided by local legislation, the bag limit for hunting raccoon in al..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments after completing all applicable hearing and notice requirements. This broad grant of authority allows the board to establish specific regulations, such as bag limits for hunting, which are necessary for wildlife management and conservation efforts. The legal significance of this authorization relationship is that it empowers the board to enact regulations that address specific circumstances within the framework of the statutory authority, ensuring effective governance in wildlife management.

Game: Skunk

4VAC15-220-10

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to take striped skunks (Mephitis mephitis) at any time.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to take striped skunks (Mephitis mephitis) at any time."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation allowing for the taking of striped skunks, as it falls within the categories of "taking" and "killing" of wild animals, thereby justifying a GENERAL_DELEGATION of authority. The legal significance of this relationship is that it empowers the Board to create specific regulations under a wide-ranging statutory framework, ensuring flexibility in wildlife management while adhering to the overarching legislative intent.

Game: Skunk

4VAC15-220-20

Express

General

Overreach

Unauthorized

Requirements

A landowner or tenant may take, on his own land or land under his control, spotted skunks (Spilogale putorius) committing or about to commit depredation.¹ However, the pelt of the spotted skunk may not be sold.²

Provision-Level Authorization Analysis

Provision 1

"A landowner or tenant may take, on his own land or land under his control, spott..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of specific actions, such as the taking of spotted skunks that are committing or about to commit depredation, under the general framework of wildlife management and protection. The legal significance of this authorization relationship is that it empowers the Board to address specific wildlife management issues while maintaining flexibility in regulation, ensuring that the needs of landowners and tenants are met without requiring further legislative action.

Provision 2

"However, the pelt of the spotted skunk may not be sold."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to regulate specific aspects of wildlife management, such as the prohibition on the sale of the pelt of the spotted skunk, which falls within the scope of managing the possession and sale of wild animals. The legal significance of this relationship is that it empowers the Board to implement regulations necessary for the conservation and management of wildlife, ensuring that specific species are protected under the authority granted by the statute.

Game: Squirrel

4VAC15-230-10

Express

General

Overreach

Unauthorized

Requirements

The provisions of this part shall apply only to gray and red squirrel and shall not be applicable to fox squirrel.¹

Provision-Level Authorization Analysis

Provision 1

"The provisions of this part shall apply only to gray and red squirrel and shall ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific provisions for certain species, such as gray and red squirrels, while excluding others, like fox squirrels, thereby demonstrating the flexibility inherent in the general delegation of authority. The legal significance of this relationship is that it empowers the Board to tailor regulations to specific wildlife management needs without requiring further legislative approval, ensuring effective governance of wildlife resources.

Game: Squirrel

4VAC15-230-20

Express

General

Overreach

Unauthorized

Requirements

Except as otherwise provided by local legislation and with the specific exceptions provided in the sections appearing in this chapter, it shall be lawful to hunt squirrel from the first Saturday in September through the last day in February, both dates inclusive.¹

Provision-Level Authorization Analysis

Provision 1

"Except as otherwise provided by local legislation and with the specific exceptio..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and possession of wild animals. This broad grant of authority allows the Board to establish specific hunting seasons and regulations, such as the lawful hunting of squirrels during designated months, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed regulations within the scope of the statutory framework, ensuring effective wildlife management while adhering to the overarching legislative intent.

Game: Squirrel

4VAC15-230-21

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to hunt gray and red squirrels from the first Saturday in June through the third Saturday in June, both dates inclusive, except on national forest lands.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to hunt gray and red squirrels from the first Saturday in Jun..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses the regulation concerning the hunting of gray and red squirrels, as it falls under the category of hunting and taking of wild animals, thus justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to create specific hunting regulations within the framework established by the statute, ensuring flexibility and responsiveness to wildlife management needs.

Game: Squirrel

4VAC15-230-50

Express

General

Overreach

Unauthorized

Requirements

Closed season; generally.¹ Except as otherwise specifically provided in the sections appearing in this part, there shall be a continuous closed season for hunting fox squirrel.²

Provision-Level Authorization Analysis

Provision 1

"Closed season; generally."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild birds and animals. This broad grant of authority encompasses the regulation concerning closed seasons, as it directly pertains to the management and conservation of wildlife populations, thereby justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to implement necessary regulations to ensure sustainable wildlife practices without requiring further specific legislative approval for each regulation.

Provision 2

"Except as otherwise specifically provided in the sections appearing in this part..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to establish regulations like the continuous closed season for hunting fox squirrel, as it falls within the general scope of managing wildlife populations and ensuring sustainable practices. The legal significance of this authorization relationship is that it empowers the Board to make necessary regulatory decisions without requiring specific legislative approval for each individual regulation, thereby facilitating effective wildlife management.

Game: Squirrel

4VAC15-230-60

Express

General

Overreach

Unauthorized

Requirements

Open season; first Saturday in September through January 31.¹ It shall be lawful to hunt fox squirrel from the first Saturday in September through January 31, both dates inclusive, in the Counties of Albemarle, Alleghany, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Carroll, Clarke, Craig, Culpeper, Dickenson, Fauquier, Floyd, Franklin, Frederick, Giles, Grayson, Greene, Henry, Highland, Lee, Loudoun, Madison, Montgomery, Orange, Page, Patrick, Prince William, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Washington, Warren, Wise, and Wythe.²

Provision-Level Authorization Analysis

Provision 1

"Open season; first Saturday in September through January 31."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild birds and animals. This broad language allows the Board to establish specific open seasons for hunting, such as the regulation that sets the open season from the first Saturday in September through January 31, thus falling within the scope of the authority granted. The legal significance of this relationship is that it enables the Board to manage wildlife populations effectively while ensuring compliance with the overarching statutory framework.

Provision 2

"It shall be lawful to hunt fox squirrel from the first Saturday in September thr..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific hunting seasons and regulations, such as the lawful hunting of fox squirrel, as it falls within the general category of hunting and taking of wild animals. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that are necessary for the effective management and conservation of wildlife, while ensuring compliance with the overarching statutory framework.

Game: Squirrel

4VAC15-230-61

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to hunt fox squirrels from the first Saturday in June through the third Saturday in June, both dates inclusive, on all lands in all counties open to fox squirrel hunting during the regular squirrel season, except on national forest lands.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to hunt fox squirrels from the first Saturday in June through..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific hunting seasons and regulations, such as the lawful hunting of fox squirrels during designated dates, thereby falling within the general authority provided by the statute. The legal significance of this relationship is that it empowers the Board to create detailed regulations that manage wildlife resources effectively while ensuring compliance with the overarching statutory framework.

Game: Squirrel

4VAC15-230-90

Express

General

Overreach

Unauthorized

Requirements

The combined bag limit for all squirrels shall be six a day in the aggregate.¹

Provision-Level Authorization Analysis

Provision 1

"The combined bag limit for all squirrels shall be six a day in the aggregate."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, and possession of wild animals, including specific provisions for bag limits. This broad grant of authority encompasses the regulation concerning the combined bag limit for squirrels, as it falls within the scope of managing the taking and possession of wild animals. The legal significance of this authorization relationship is that it allows the Board to implement specific management practices, such as bag limits, to ensure sustainable wildlife populations without needing further legislative approval.

Game: Turkey

4VAC15-240-10

Express

General

Overreach

Unauthorized

Requirements

Open season; generally.¹ Except as otherwise specifically provided in this chapter, it shall be lawful to hunt turkeys 14 days immediately before the Saturday prior to the first Monday in November; on Thanksgiving Day and the day before; on the Monday nearest December 2 through the last Saturday in December, both dates inclusive; and on the second Saturday in January and for 14 days following.²

Provision-Level Authorization Analysis

Provision 1

"Open season; generally."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild birds and animals. This broad language encompasses the regulation concerning open seasons, as it falls under the Board's responsibility to manage and regulate hunting activities effectively. The legal significance of this authorization relationship is that it allows the Board to establish specific hunting seasons, ensuring that wildlife populations are sustainably managed while adhering to the overarching statutory framework.

Provision 2

"Except as otherwise specifically provided in this chapter, it shall be lawful t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild animals. This broad grant of authority allows the Board to establish specific hunting seasons and regulations, such as those for turkeys, without needing further legislative approval, resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to manage wildlife resources effectively while ensuring compliance with the overarching statutory framework.

Game: Turkey

4VAC15-240-20

Express

General

Overreach

Unauthorized

Requirements

Open season; certain counties and areas; two-week season.¹ It shall be lawful to hunt turkeys 14 days immediately before the Saturday prior to the first Monday in November and on Thanksgiving Day in the Counties of Albemarle, Alleghany, Augusta, Bath, Greene, Highland, Madison, Page, and Rockingham.²

Provision-Level Authorization Analysis

Provision 1

"Open season; certain counties and areas; two-week season."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild birds and animals. This broad language allows the Board to establish specific regulations, such as defining open seasons in certain counties and areas, which falls under the general authority to manage wildlife resources effectively. The legal significance of this relationship is that it empowers the Board to make necessary adjustments to hunting regulations, ensuring they can respond to changing wildlife populations and conservation needs without requiring further legislative action.

Provision 2

"It shall be lawful to hunt turkeys 14 days immediately before the Saturday prior..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the lawful hunting of turkeys, as it falls within the scope of hunting regulations that the Board is empowered to establish. The legal significance of this authorization relationship is that it allows the Board to create specific hunting regulations, such as the designated hunting days for turkeys, under the general authority provided by the statute.

Game: Turkey

4VAC15-240-31

Express

General

Overreach

Unauthorized

Requirements

Open season; certain counties and areas; four-week season.¹ It shall be lawful to hunt turkeys 14 days immediately before the Saturday prior to the first Monday in November, on Thanksgiving Day and the day before, and on the Monday closest to December 2 and for 12 days following in the Counties of Accomack, Amelia, Dinwiddie, Gloucester, Greensville, Isle of Wight, James City, Mathews, Middlesex, New Kent, Northampton, Powhatan, Prince George, Southampton, Surry, Sussex, and York (except on Camp Peary) and the City of Suffolk.²

Provision-Level Authorization Analysis

Provision 1

"Open season; certain counties and areas; four-week season."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific parameters, such as the open season for hunting in certain counties and areas, which falls under the general authority to regulate hunting practices. The legal significance of this relationship is that it enables the Board to exercise flexibility in managing wildlife resources while adhering to the overarching statutory framework.

Provision 2

"It shall be lawful to hunt turkeys 14 days immediately before the Saturday prior..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the power to confer duties upon the Director and revise fees associated with hunting and fishing licenses. This broad grant of authority allows the Board to establish specific hunting regulations, such as the designated turkey hunting days, under the premise that such regulations are essential for effective wildlife management and public engagement in hunting activities. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that align with its overarching responsibilities, ensuring that wildlife management practices are both flexible and responsive to changing circumstances.

Game: Turkey

4VAC15-240-32

Express

General

Overreach

Unauthorized

Requirements

Open season; certain counties and areas; six week season.¹ It shall be lawful to hunt turkeys 14 days immediately before the Saturday prior to the first Monday in November; on Thanksgiving Day and the day before; on the Monday nearest December 2 and for 12 days following, both dates inclusive; and on the second Saturday in January and for 14 days following in the Counties of Amherst, Appomattox, Brunswick, Buchanan, Buckingham, Campbell, Charles City, Charlotte, Chesterfield, Cumberland, Floyd, Fluvanna, Frederick, Goochland, Halifax, Hanover, Henrico, Henry, Louisa, Lunenburg, Mecklenburg, Nottoway, Orange, Patrick, Pittsylvania, Prince Edward, Shenandoah, Spotsylvania, Tazewell, and Warren.²

Provision-Level Authorization Analysis

Provision 1

"Open season; certain counties and areas; six week season."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild birds and animals. This broad language allows for the establishment of specific regulations, such as the open season for hunting in certain counties, which falls under the Board's responsibility to manage wildlife resources effectively. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for the implementation of the statutory framework, ensuring that wildlife management is responsive to local conditions and needs.

Provision 2

"It shall be lawful to hunt turkeys 14 days immediately before the Saturday prior..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild birds. This broad language allows the Board to establish specific hunting seasons and regulations, such as the designated days for turkey hunting, which fall under the general authority to regulate the taking of wild animals. The legal significance of this relationship is that it empowers the Board to create detailed rules necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

Game: Turkey

4VAC15-240-40

Express

General

Overreach

Unauthorized

Requirements

A. Except as otherwise provided in this section, it shall be lawful to hunt bearded turkeys from the second Saturday in April and for 35 days following, both dates inclusive, from 1/2 hour before sunrise to 12:00 noon prevailing time during the first 16 days and from 1/2 hour before sunrise to sunset during the last 20 days of the spring season.¹ B. Turkey hunters 15 years of age and younger and holders of an apprentice hunting license may hunt on the first Saturday in April and the following calendar day from 1/2 hour before sunrise to sunset, when in compliance with applicable license requirements and when accompanied and directly supervised by an adult who has a valid Virginia hunting license on his person or an adult who is exempt from purchasing a hunting license. Adult hunters accompanying youth hunters or apprentice license holders on these days may assist with calling but they shall not carry or discharge weapons. Youth and apprentice turkey hunters are limited on this weekend to one turkey per hunter.² C. Upon receipt of an application from an officer or other designated official representative of any nonprofit organization that has support for sportsmen with impaired mobility as one of its mission statements, the director may issue a permit to an officer or representative of the organization that allows sportsmen with impaired mobility to hunt bearded wild turkeys from 1/2 hour before sunrise to sunset from the 10th through 16th days of the spring season. Such authorization shall be valid only when hunting during an authorized event. All participants shall be in compliance with all requirements of law and regulation that apply during the spring season, and bearded turkeys killed during these events shall count toward daily and annual bag limits.³ D. Bearded turkeys may be hunted by calling.⁴ E. It shall be unlawful to use dogs or organized drives for the purpose of hunting.⁵ F. It shall be unlawful to use or have in possession any shot larger than number 2 fine shot when hunting turkeys with a shotgun.⁶

Provision-Level Authorization Analysis

Provision 1

"A. Except as otherwise provided in this section, it shall be lawful to hunt bear..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild animals. This broad grant of authority allows the Board to establish specific hunting seasons and regulations, such as those for bearded turkeys, under the general framework provided by the statute, resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed and adaptive regulations necessary for effective wildlife management while remaining within the scope of the authority granted by the statute.

Provision 2

"B. Turkey hunters 15 years of age and younger and holders of an apprentice hunti..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific hunting regulations, such as those governing the hunting of turkeys by certain age groups and license holders, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed rules that ensure the management and conservation of wildlife while adhering to the overarching statutory framework.

Provision 3

"C. Upon receipt of an application from an officer or other designated official r..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority allows the regulation to encompass permits for nonprofit organizations that support sportsmen with impaired mobility, as it falls within the scope of managing and facilitating wildlife-related activities. The legal significance of this authorization relationship is that it enables the Board to adapt regulations to promote inclusivity and accessibility in wildlife activities, aligning with its overarching mandate to manage wildlife resources effectively.

Provision 4

"D. Bearded turkeys may be hunted by calling."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses various aspects of wildlife management, including specific hunting methods, which allows for the regulation of hunting bearded turkeys through calling. The legal significance of this relationship is that it provides the Board with the flexibility to establish detailed regulations under a general framework, ensuring effective wildlife conservation and management.

Provision 5

"E. It shall be unlawful to use dogs or organized drives for the purpose of hunti..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting and taking of wild birds and animals, which includes the methods used for such activities. The regulation prohibiting the use of dogs or organized drives for hunting falls within the broad scope of the Board's authority to regulate hunting practices to ensure sustainable wildlife management and public safety. This authorization relationship signifies that the Board has the discretion to establish detailed rules under the general framework provided by the statute, allowing for effective regulation of hunting methods.

Provision 6

"F. It shall be unlawful to use or have in possession any shot larger than number..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language encompasses various aspects of hunting practices, including the type of ammunition used, which directly relates to the regulation prohibiting the use of shot larger than number 2 fine shot when hunting turkeys. The legal significance of this relationship is that it allows the Board to establish specific rules to ensure sustainable hunting practices and wildlife conservation under the general authority provided by the statute.

Game: Turkey

4VAC15-240-50

Express

General

Overreach

Unauthorized

Requirements

Cities of Chesapeake, Norfolk, Portsmouth, and Virginia Beach.¹

Provision-Level Authorization Analysis

Provision 1

"Cities of Chesapeake, Norfolk, Portsmouth, and Virginia Beach."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-501 specifically states that the Board may promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation concerning the cities of Chesapeake, Norfolk, Portsmouth, and Virginia Beach does not pertain to any of these specified activities and instead appears to address a geographic or administrative matter, which falls outside the scope of the authority granted by the statute. The legal significance of this relationship is that regulations must be directly tied to the authority provided in the statute; without such a connection, the regulation is deemed unauthorized and lacks legal standing.

Game: Turkey

4VAC15-240-51

Express

General

Overreach

Unauthorized

Requirements

In counties, cities, and areas with a fall turkey season, hunters 15 years of age and younger and holders of an apprentice hunting license may hunt turkey on the second Saturday in October and the following calendar day when in compliance with applicable license requirements and 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.¹ Adult hunters accompanying youth hunters or apprentice license holders on these days may assist with calling turkey but they shall not carry or discharge weapons.² Youth and apprentice turkey hunters are limited on this weekend to one turkey per hunter.³

Provision-Level Authorization Analysis

Provision 1

"In counties, cities, and areas with a fall turkey season, hunters 15 years of ag..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language allows for the establishment of specific hunting seasons and regulations, such as those governing the hunting of turkeys by younger hunters, which fall under the general authority to regulate hunting practices. The legal significance of this relationship is that it enables the Board to create detailed regulations that ensure wildlife management and hunting safety while remaining within the framework of the broad powers granted by the statute.

Provision 2

"Adult hunters accompanying youth hunters or apprentice license holders on these ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of regulations that govern various aspects of hunting practices, including the roles and responsibilities of adult hunters accompanying youth hunters, thereby justifying the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed rules that enhance safety and compliance in hunting activities, reflecting the statute's overarching intent to manage wildlife resources effectively.

Provision 3

"Youth and apprentice turkey hunters are limited on this weekend to one turkey pe..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad language allows the Board to implement specific rules, such as limiting the number of turkeys that youth and apprentice hunters can take, as it falls within the overarching theme of regulating hunting practices to ensure sustainable wildlife management. The legal significance of this authorization relationship is that it empowers the Board to make necessary and targeted regulations under the general authority provided by the statute, ensuring effective governance of wildlife resources.

Game: Turkey

4VAC15-240-60

Express

General

Overreach

Unauthorized

Requirements

A. Season. It shall be lawful to hunt turkey with archery equipment or a slingbow in those counties and areas open to fall turkey hunting from the first Saturday in October through the Friday prior to the third Monday in November, both dates inclusive.¹ B. Bag limit. The daily and seasonal bag limit for hunting turkey with archery equipment or a slingbow shall be the same as permitted during the general turkey season in those counties and areas open to fall turkey hunting, and any turkey taken shall apply toward the total season bag limit.² C. Carrying firearms prohibited. It shall be unlawful to carry firearms while hunting with archery equipment or a slingbow during the special archery season.³ D. Use of dogs prohibited during archery season. It shall be unlawful to use dogs when hunting with archery equipment from the first Saturday in October through the Saturday prior to the second Monday in November, both dates inclusive.⁴

Provision-Level Authorization Analysis

Provision 1

"A. Season. It shall be lawful to hunt turkey with archery equipment or a slingbo..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild animals. This broad language allows the Board to establish specific hunting seasons and methods, such as those outlined in the regulation regarding turkey hunting with archery equipment, thereby falling within the scope of the authority granted by the statute. The legal significance of this authorization relationship is that it enables the Board to create detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

Provision 2

"B. Bag limit. The daily and seasonal bag limit for hunting turkey with archery e..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, and possession of wild birds, which includes establishing rules for hunting practices. This broad grant of authority allows the Board to set specific regulations, such as bag limits for turkey hunting, under the general framework of managing wildlife resources and ensuring sustainable practices. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that align with the overarching statutory intent to regulate wildlife management effectively.

Provision 3

"C. Carrying firearms prohibited. It shall be unlawful to carry firearms while hu..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to establish regulations that govern activities related to hunting, including the prohibition of carrying firearms during specific hunting seasons, as it falls within the scope of managing wildlife and ensuring safety. The legal significance of this authorization relationship is that it empowers the board to implement necessary regulations to regulate hunting practices effectively, thereby promoting conservation and public safety.

Provision 4

"D. Use of dogs prohibited during archery season. It shall be unlawful to use dog..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting and taking of wild birds and animals, which includes the management of hunting practices. This broad grant of authority allows the Board to establish specific rules, such as the prohibition of using dogs during archery season, to ensure sustainable hunting practices and wildlife conservation. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that address specific hunting methods, thereby enhancing the overall regulatory framework for wildlife management.

Game: Turkey

4VAC15-240-70

Express

General

Overreach

Unauthorized

Requirements

The bag limit for hunting turkeys shall be one a day, three a license year, no more than two of which may be taken in the fall.¹

Provision-Level Authorization Analysis

Provision 1

"The bag limit for hunting turkeys shall be one a day, three a license year, no m..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the bag limit for hunting turkeys, as it directly pertains to the hunting of wild birds, thus justifying the application of GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to establish specific hunting regulations, such as bag limits, under the overarching authority provided by the statute, ensuring effective wildlife management and conservation.

Game: Falconry

4VAC15-250-10

Express

General

Overreach

Unauthorized

Requirements

As used in this chapter:¹ "Raptor" means any bird of the order Falconiformes or the order Strigiformes, including hybrids thereof. The board hereby adopts the federal definitions, regulations, and standards pertaining to falconry as contained in 50 CFR 21.3 (definitions; effective July 8, 1983, and as amended June 17, 1999; August 10, 2006; February 28, 2007; August 20, 2007; October 8, 2008; and January 7, 2010) and 50 CFR 21.29 (falconry standards and falconry permitting; effective October 8, 2008, and as amended December 8, 2009; January 7, 2010; and January 21, 2010). Pursuant to § 29.1-103.12 of the Code of Virginia, the director of the department is hereby delegated authority to propose adoption of modifications and amendments to these federal definitions, regulations, and standards in accordance with the procedures of §§ 29.1-501 and 29.1-502 of the Code of Virginia.²

Provision-Level Authorization Analysis

Provision 1

"As used in this chapter:"

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including hunting, capturing, and transporting wild birds and animals. This broad language allows for GENERAL_DELEGATION because it empowers the Board to define terms and establish guidelines necessary for the effective implementation of the statutory provisions, which includes the foundational definitions that support the regulation's framework. The legal significance of this authorization relationship is that it enables the Board to exercise discretion in regulating wildlife activities, ensuring that the regulations are adaptable and comprehensive in addressing the complexities of wildlife management.

CROSS-REFERENCE § 29.1-103.12

Provision 2

""Raptor" means any bird of the order Falconiformes or the order Strigiformes, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's definition of "raptor" and its adoption of federal definitions and standards for falconry, as it relates directly to the management and regulation of wild birds. The legal significance of this authorization relationship is that it allows the Board to implement comprehensive regulations that align with federal standards, ensuring effective governance and conservation of wildlife resources.

CROSS-REFERENCE § 29.1-103.12

Game: Falconry

4VAC15-250-20

Express

General

Overreach

Unauthorized

Requirements

A. An applicant for a permit to practice falconry pursuant to § 29.1-419 of the Code of Virginia shall submit to the department a completed application form, provided by the department and approved by the United States Fish and Wildlife Service, including all required information indicated on such form.¹ B. A permit shall not be issued before applicant has answered correctly at least 80% of the questions on a supervised examination provided by the department and approved by the United States Fish and Wildlife Service.² C. A permit shall not be issued or renewed unless applicant has adequate facilities and equipment, which shall have been inspected and certified by a representative of the department as meeting federal standards set forth in 50 CFR 21.29.³ D. A person who is a nonresident of the Commonwealth may engage in falconry in Virginia provided he possesses a valid Virginia nonresident hunting license and satisfactory evidence that such person legally possesses the raptor and a valid falconry permit issued by his state, tribe, or territory of residence. Such practitioners must nonetheless comply with all applicable hunting and falconry regulations and conditions of Virginia's Falconry Permit.⁴

Provision-Level Authorization Analysis

Provision 1

"A. An applicant for a permit to practice falconry pursuant to § 29.1-419 of the ..."

Express Delegation

AUTHORIZING STATUTE § 29.1-419

the Director may: permit the taking, trapping, holding, transportation, carriage and shipment of live falcons, hawks and owls the Director may: authorize the use of falcons, hawks and owls to hunt and take all species of wild birds and wild animals

ANALYSIS

§ 29.1-419 specifically grants the Director the authority to permit the taking, trapping, holding, transportation, carriage, and shipment of live falcons, hawks, and owls, as well as to authorize their use for hunting wild birds and animals. This results in EXPRESS_DELEGATION because the regulation directly implements the Director's authority by requiring applicants to submit a completed application form to practice falconry, which is a specific activity authorized by the statute. The legal significance of this authorization relationship is that it ensures the regulation is grounded in the statutory framework, thereby providing a clear legal basis for the Department's oversight and management of falconry practices.

CROSS-REFERENCE § 29.1-419

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 4. Permits Required › Article 3. Special Permits › § 29.1-419. Taking or holding of falcons, hawks and owls; use to hunt wild game Notwithstanding any other provision of law, the Director may: 1. Permit the taking, trapping, holding, trans...

Provision 2

"B. A permit shall not be issued before applicant has answered correctly at least..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority allows the Board to establish specific requirements, such as the need for a supervised examination and a minimum passing score, to ensure that individuals are knowledgeable and responsible in their interactions with wildlife. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations that support the overarching goals of wildlife conservation and management as outlined in the statute.

CROSS-REFERENCE § 29.1-419

Provision 3

"C. A permit shall not be issued or renewed unless applicant has adequate facilit..."

General Delegation

AUTHORIZING STATUTE § 29.1-419

ANALYSIS

§ 29.1-419 specifically grants the Director the authority to permit and regulate the taking, trapping, holding, transportation, and use of live falcons, hawks, and owls for hunting purposes. This broad grant of authority encompasses the regulation's requirement for permits to be issued only to applicants who meet specific facility and equipment standards, ensuring compliance with federal regulations. The legal significance of this relationship is that it allows the Director to implement necessary safeguards and standards to protect wildlife while exercising the authority granted by the statute, thus justifying a GENERAL_DELEGATION.

CROSS-REFERENCE § 29.1-419

Provision 4

"D. A person who is a nonresident of the Commonwealth may engage in falconry in V..."

General Delegation

AUTHORIZING STATUTE § 29.1-419

the Director may: 1. Permit the taking, trapping, holding, transportation, carriage and shipment of live falcons, hawks and owls. the Director may: 2. Authorize the use of falcons, hawks and owls to hunt and take all species of wild birds and wild animals.

ANALYSIS

§ 29.1-419 specifically grants the Director the authority to permit the taking, trapping, holding, transportation, and use of live falcons, hawks, and owls for hunting purposes. This broad grant of authority allows for the regulation to establish conditions under which nonresidents may engage in falconry, thereby resulting in GENERAL_DELEGATION as it encompasses the management and oversight of falconry activities within the Commonwealth. The legal significance of this authorization relationship is that it empowers the agency to regulate nonresident participation in falconry, ensuring compliance with state laws while promoting wildlife conservation and management.

CROSS-REFERENCE § 29.1-419

Game: Falconry

4VAC15-250-60

Express

General

Overreach

Unauthorized

Requirements

A permit may be issued to a nonresident general or master falconer for the purpose of taking a raptor in Virginia, provided that his resident state, tribe, or territory issues nonresident falconry permits or licenses, or otherwise provides for the taking of raptors by nonresidents.¹ A nonresident applicant shall submit a copy of his valid falconry permit and a copy of his valid import permit from his resident state, tribe, or territory.²

Provision-Level Authorization Analysis

Provision 1

"A permit may be issued to a nonresident general or master falconer for the pur..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses the regulation concerning the issuance of permits for nonresident falconers to take raptors, as it falls within the category of taking and capturing wild birds. The legal significance of this authorization relationship is that it allows the Board to create specific regulations under the general authority provided by the statute, ensuring that the management of wildlife activities is adaptable and responsive to various circumstances.

Provision 2

"A nonresident applicant shall submit a copy of his valid falconry permit and a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to establish specific requirements, such as the need for a valid falconry permit and an import permit for nonresident applicants, as it falls within the regulation of possession and transportation of wildlife. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure compliance with broader statutory objectives while maintaining the flexibility to address specific circumstances related to wildlife management.

Game: Falconry

4VAC15-250-80

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to hunt nonmigratory game birds and game animals with raptors from October 1 through March 31, both dates inclusive.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to hunt nonmigratory game birds and game animals with raptors..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, and possession of wild birds and animals. This broad language allows the Board to establish specific hunting seasons and methods, such as the use of raptors for hunting nonmigratory game birds and game animals, which falls within the scope of the authority provided. The legal significance of this authorization relationship is that it empowers the Board to regulate wildlife management effectively while ensuring compliance with the overarching statutory framework.

Game: Falconry

4VAC15-250-90

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to hunt nonmigratory game birds and game animals with raptors on Sunday.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to hunt nonmigratory game birds and game animals with raptors..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to regulate hunting practices, including the use of raptors for hunting nonmigratory game birds and game animals, thereby encompassing the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the board to make decisions and implement rules that facilitate wildlife management and hunting regulations without requiring further legislative approval for each specific regulation.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-10

Express

General

Overreach

Unauthorized

Requirements

Floating blind" and "stationary blind" defined. "Floating blind" means a floating device, whether in motion or anchored, that can be occupied by and conceal one or more hunters, uses a means of concealment other than the device's paint or coloration, and is used in the public waters for the purpose of hunting and shooting waterfowl. "Stationary blind" means a structure erected at a fixed location either on the shores of the public waters or in the public waters for the purpose of hunting and shooting waterfowl.¹ A stationary blind shall be (i) of such size and strength that it can be occupied by and conceal one or more hunters or (ii) large enough to accommodate and conceal a boat or skiff from which one or more hunters intend to hunt or shoot waterfowl.² All such devices and structures shall come within the provisions of the laws for hunting waterfowl, which require that blinds be licensed.³

Provision-Level Authorization Analysis

Provision 1

"Floating blind" and "stationary blind" defined. "Floating blind" means a floatin..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of hunting, taking, and possession of wild birds and animals, which includes defining terms and conditions under which these activities occur. This broad language allows for GENERAL_DELEGATION because it encompasses the need to clarify specific concepts, such as the definitions of "floating blind" and "stationary blind," which are essential for the regulation of hunting practices in public waters. The legal significance of this authorization relationship is that it enables the Board to create detailed regulations that facilitate effective management and conservation of wildlife resources while ensuring compliance with the overarching statutory framework.

Provision 2

"A stationary blind shall be (i) of such size and strength that it can be occupie..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting and taking of wild animals and birds. This broad grant of authority encompasses the regulation concerning stationary blinds because it directly relates to the methods and conditions under which hunting can occur, thereby ensuring compliance with the overall management of wildlife resources. The legal significance of this authorization relationship is that it allows the Board to establish specific requirements that facilitate effective and responsible hunting practices while remaining within the framework set by the statute.

Provision 3

"All such devices and structures shall come within the provisions of the laws for..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning devices and structures for hunting waterfowl, as it falls under the category of regulations pertaining to hunting and requires compliance with licensing provisions. The legal significance of this authorization relationship is that it allows the Board to establish comprehensive rules that ensure the management and conservation of wildlife resources while maintaining regulatory oversight over hunting practices.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-20

Express

General

Overreach

Unauthorized

Requirements

In determining whether or not stationary blinds shall be licensed to persons other than riparian owners pursuant to § 29.1-345 of the Code of Virginia, the department shall presume that the correct depth of water at mean high tide at a given location as required by said statute is that obtained by using the most recent "Tide Tables" and adjustments thereto published by the National Ocean Survey, National Oceanic and Atmospheric Administration of the United States Department of Commerce.¹ Any person requesting the department to use an alternative method of calculating such depth, at a given location, shall bear the burden and expense of establishing to the satisfaction of the department, that such depth is in fact other than that obtained as described therein.²

Provision-Level Authorization Analysis

Provision 1

"In determining whether or not stationary blinds shall be licensed to persons oth..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, animals, and inland water fish. This broad grant of authority encompasses a wide range of activities related to wildlife management, which includes the regulation of licensing for stationary blinds, as it pertains to the capture and use of wildlife resources. The legal significance of this authorization relationship is that it allows the agency to implement regulations that are necessary for effective wildlife management without needing to seek further legislative approval for each specific regulation, thus enabling more efficient governance.

ADDITIONAL AUTHORITY § 29.1-345

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 3. Licenses › Article 2. Licenses for Waterfowl Blinds and for Hunting Waterfowl › § 29.1-345. (Effective January 1, 2025) Stationary blinds in the public waters for nonriparian owners This section has more than one version with varying ef...

Provision 2

"Any person requesting the department to use an alternative method of calculating..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the ability to confer powers and duties upon the Director. This broad grant of authority allows for the regulation that requires individuals to establish alternative methods for calculating depth, as it falls within the Board's responsibility to manage and regulate activities related to wildlife and natural resources. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations that ensure compliance and effective management, reflecting the flexibility needed to address specific circumstances within the broader statutory framework.

ADDITIONAL AUTHORITY § 29.1-345

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-30

Express

General

Overreach

Unauthorized

Requirements

A violation of federal statute or a regulation based thereunder as relates to the taking, capturing, killing or attempting to take, capture or kill any migratory game bird shall constitute a violation of this section.¹

Provision-Level Authorization Analysis

Provision 1

"A violation of federal statute or a regulation based thereunder as relates to th..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capturing, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning violations of federal statutes related to migratory game birds, as it falls within the scope of the Board's authority to regulate the taking and killing of wildlife. The legal significance of this authorization relationship is that it allows the Board to enforce compliance with both state and federal laws, ensuring comprehensive management of wildlife resources.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-35

Express

General

Overreach

Unauthorized

Requirements

Distance from a licensed stationary blind and off-shore blind stake.¹ No person shall hunt migratory waterfowl in the public waters of this Commonwealth within 500 yards of any legally licensed erected stationary blind or legally licensed offshore blind stake site of another without possessing the written consent of the licensee that is immediately available upon request by any law-enforcement officer, except when in active pursuit of a visible crippled waterfowl that was legally shot by the person.²

Provision-Level Authorization Analysis

Provision 1

"Distance from a licensed stationary blind and off-shore blind stake."

General Delegation

AUTHORIZING STATUTE § 29.1-351

The Board shall have the power to amend or alter the provisions of this article by regulation The Board may adopt other regulations concerning the use of such blinds

ANALYSIS

§ 29.1-351 specifically grants the Board the power to amend or alter provisions by regulation and to adopt other regulations concerning the use of blinds. This broad authority allows the Board to establish regulations that govern various aspects of blind usage, including the specified distance from licensed stationary blinds and offshore blind stakes, thereby falling under the general delegation of regulatory power. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for the effective management and oversight of blind usage, ensuring compliance with the overarching statutory framework.

Provision 2

"No person shall hunt migratory waterfowl in the public waters of this Commonweal..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild animals. This broad language allows the Board to establish specific rules, such as the requirement for written consent when hunting near licensed blinds, as it falls within the general scope of regulating hunting practices to ensure safety and order. The legal significance of this relationship is that it empowers the Board to create detailed regulations that address specific situations while remaining within the framework of the authority granted by the statute, thus supporting effective wildlife management.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-50

Express

General

Overreach

Unauthorized

Requirements

In the City of Virginia Beach, except for blinds and floating blind sites which may be erected by the department, no new blinds shall be erected and no licenses shall be issued for the erection of new shore or stationary water blinds upon the shores or in the public waters, nor may floating or mat blinds anchor within 500 yards of the shores of lands or blinds owned or controlled by the department except floating blinds may be stationed at sites designated by the department.¹ Blinds and floating blind sites erected by the department shall not be licensed, but there shall be a metal plate affixed to such blinds for identification purposes.²

Provision-Level Authorization Analysis

Provision 1

"In the City of Virginia Beach, except for blinds and floating blind sites which ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the erection of blinds in Virginia Beach, as it pertains to the management and regulation of wildlife-related activities in public waters. The legal significance of this authorization relationship is that it allows the Board to implement specific regulations that ensure the sustainable use and conservation of wildlife resources, reflecting the statutory intent to manage these activities effectively.

Provision 2

"Blinds and floating blind sites erected by the department shall not be licensed,..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of regulations that manage various aspects of wildlife interaction, including the identification and regulation of structures like blinds, which are integral to hunting practices. The legal significance of this authorization relationship is that it empowers the Board to create regulations that ensure the effective management and conservation of wildlife resources without needing further specific legislative approval for each regulation.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-60

Express

General

Overreach

Unauthorized

Requirements

No license shall be issued for stationary waterfowl blinds on Morris Creek and the Chickahominy River in Charles City County adjacent to the Chickahominy Wildlife Management Area.¹

Provision-Level Authorization Analysis

Provision 1

"No license shall be issued for stationary waterfowl blinds on Morris Creek and t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities and management practices concerning wildlife, allowing for regulations that address specific situations, such as the prohibition of stationary waterfowl blinds in designated areas. The legal significance of this authorization relationship is that it provides the Board with the flexibility to implement regulations that are necessary for the conservation and management of wildlife resources, reflecting the intent of the statute to protect these resources effectively.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-70

Express

General

Overreach

Unauthorized

Requirements

No stationary waterfowl blinds shall be licensed, and no stationary or floating blind license shall be required for hunting waterfowl on the Game Farm Marsh Wildlife Management Area, or in, or on, the public waters of the Chickahominy River, north of the New Kent-Charles City County line adjacent thereto; provided, however, that this section shall not abridge the privileges prescribed for landowners, and their lessees and permittees, in §§ 29.1-344 and 29.1-347 of the Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"No stationary waterfowl blinds shall be licensed, and no stationary or floating ..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the power to confer duties upon the Director and to revise regulations related to fees and licensing. This results in GENERAL_DELEGATION because the regulation concerning the licensing of stationary waterfowl blinds falls within the Board's broad mandate to manage wildlife resources and establish regulations that facilitate hunting practices, thereby aligning with the overall objectives outlined in the statute. The legal significance of this authorization relationship is that it empowers the Board to implement specific regulations that support wildlife management and hunting activities without requiring additional legislative approval, ensuring efficient governance within the framework established by the statute.

CROSS-REFERENCE § 29.1-347

EXCEPTION § 29.1-344

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-75

Express

General

Overreach

Unauthorized

Requirements

Except for blinds built or maintained by the department, no stationary waterfowl blinds shall be licensed on the public waters of Philbates and Ware Creeks, or on the York River within 1000 yards of the Ware Creek Wildlife Management Area.¹ Waterfowl hunting within 500 yards of the wildlife management area property will be permitted only at locations and during times designated by the department.² However, this section shall not abridge the privileges prescribed for landowners and their lessees and permittees in §§ 29.1-344 and 29.1-347 of the Code of Virginia.³

Provision-Level Authorization Analysis

Provision 1

"Except for blinds built or maintained by the department, no stationary waterfowl..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to regulate activities related to public waters, including the licensing of stationary waterfowl blinds, which is directly addressed in the regulation. The legal significance of this relationship is that it empowers the board to implement specific restrictions and licensing requirements necessary for the management of wildlife resources, ensuring that the regulation falls within the scope of the authority provided by the statute.

CROSS-REFERENCE § 29.1-347

EXCEPTION § 29.1-344

Provision 2

"Waterfowl hunting within 500 yards of the wildlife management area property will..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including hunting and taking of wild birds and animals. This broad grant of authority allows the Board to establish specific conditions, such as designated locations and times for waterfowl hunting near wildlife management areas, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

CROSS-REFERENCE § 29.1-347

EXCEPTION § 29.1-344

Provision 3

"However, this section shall not abridge the privileges prescribed for landowners..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the regulation to incorporate provisions that protect the privileges of landowners and their lessees and permittees, as it falls within the scope of managing wildlife resources and ensuring compliance with existing laws. The legal significance of this authorization relationship is that it enables the Board to exercise discretion in regulating wildlife activities while respecting established rights, thereby promoting effective wildlife management and conservation.

CROSS-REFERENCE § 29.1-347

EXCEPTION § 29.1-344

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-80

Express

General

Overreach

Unauthorized

Requirements

No license shall be issued for stationary waterfowl blinds in the adjacent waters to mid-channel of Kings Creek and Ragged Island Creek or in the adjacent waters of the James River and Batten Bay within 1000 yards of the Ragged Island Wildlife Management Area in Isle of Wight County.¹

Provision-Level Authorization Analysis

Provision 1

"No license shall be issued for stationary waterfowl blinds in the adjacent water..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the issuance of licenses for stationary waterfowl blinds, as it pertains to the management and conservation of wildlife and their habitats within designated areas. The legal significance of this authorization relationship is that it allows the Board to implement specific regulations necessary for effective wildlife management and protection, ensuring that activities do not adversely impact the ecological balance in sensitive areas.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-90

Express

General

Overreach

Unauthorized

Requirements

A. The waters adjacent to the Free School and Michael marshes in the vicinity of the Town of Saxis in Accomack County shall be closed to stationary blinds as defined by 4VAC15-260-10 , starting from a stake on the north shore of Back Creek S 230° 37' E for a distance of 7560' more or less to a point 1500' more or less west of South Point, then S 58° 00° E for a distance of 9380' more or less to the center of the mouth of Cattail Creek. The waters of Messongo Creek shall be closed to stationary blinds from the above-described line to Mill Creek. The waters of Cattail Creek shall be closed to stationary blinds from its mouth following the center of the creek to the southeast corner stake of Michael Marsh.¹ B. In the section known as Michael Marsh, waterfowl hunting is prohibited in all marsh above mean high tide and in the creeks running into the marsh.²

Provision-Level Authorization Analysis

Provision 1

"A. The waters adjacent to the Free School and Michael marshes in the vicinity of..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the closure of specific waters to stationary blinds, as it pertains to the management and conservation of wildlife within the designated area. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to protect wildlife habitats and ensure sustainable practices without requiring further legislative approval for each specific regulation.

Provision 2

"B. In the section known as Michael Marsh, waterfowl hunting is prohibited in all..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation prohibiting waterfowl hunting in specific areas, as it falls within the Board's jurisdiction to regulate hunting practices to ensure conservation and management of wildlife. The legal significance of this authorization relationship is that it allows the Board to implement specific regulations that address local conditions and protect wildlife, reflecting the statute's intent to provide comprehensive management of natural resources.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-100

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to take, attempt to take or pursue waterfowl on that portion of the New River that lies entirely within the boundaries of Radford Army Ammunition Plant located in the counties of Montgomery and Pulaski.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to take, attempt to take or pursue waterfowl on that portio..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation prohibiting the taking or pursuing of waterfowl in a specific area, as it falls within the scope of managing wildlife and protecting certain habitats. The legal significance of this authorization relationship is that it allows the Board to implement regulations that ensure the conservation and management of wildlife resources, reflecting the intent of the statute to provide comprehensive oversight in these areas.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-110

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to take, attempt to take, pursue or disturb waterfowl on those waters within the boundaries of Mason Neck State Park located in Fairfax County, known as Kane Creek Water Fowl Refuge.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to take, attempt to take, pursue or disturb waterfowl on th..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, animals, or inland water fish. This broad language allows the Board to regulate specific activities, such as the prohibition of taking or disturbing waterfowl in designated areas, thereby resulting in GENERAL_DELEGATION as the regulation falls within the scope of the authority granted by the statute. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for the management and conservation of wildlife, ensuring that specific local conditions can be addressed effectively.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-115

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to hunt on Kittewan Creek Refuge in Charles City County west (upstream) of the posted refuge boundary markers (latitude-longitude coordinates 37.29831 - 77.05134) located approximately one mile upstream from the James River.¹ In addition, camping and other recreational activities that are not consistent with the property's function as a refuge for waterfowl are not permitted.²

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to hunt on Kittewan Creek Refuge in Charles City County we..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning hunting restrictions on Kittewan Creek Refuge, as it directly pertains to the taking and hunting of wildlife within a specified area, thus falling within the agency's regulatory purview. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to manage wildlife conservation effectively, ensuring compliance with the established boundaries for hunting activities.

Provision 2

"In addition, camping and other recreational activities that are not consistent w..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to regulate activities that may impact the conservation and management of wildlife, which includes prohibiting certain recreational activities that could interfere with the primary function of a refuge for waterfowl. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations to protect wildlife habitats, ensuring that the management of these resources aligns with conservation goals.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-116

Express

General

Overreach

Unauthorized

Requirements

No licenses shall be issued for stationary waterfowl blinds in front of Werowocomoco National Park in Purtan Bay and on the York River between Purtan Island and Barren Point in Gloucester County, and in front of York River State Park between Taskinas Creek and the eastern boundary of York River State Park in James City County.¹ These prohibitions shall not alter the privileges prescribed in §§ 29.1-344 and 29.1-347 of the Code of Virginia for riparian owners and their lessees and permittees.²

Provision-Level Authorization Analysis

Provision 1

"No licenses shall be issued for stationary waterfowl blinds in front of Werowoco..."

General Delegation

AUTHORIZING STATUTE § 29.1-344

the owners of riparian rights, their lessees or permittees shall have the exclusive privilege of licensing and erecting stationary blinds the licensee shall provide the unique location of each stationary waterfowl blind to the Department The Department shall publish such coordinates by November 1 of each year

ANALYSIS

§ 29.1-344 specifically grants owners of riparian rights, their lessees, or permittees the exclusive privilege of licensing and erecting stationary blinds, while also requiring them to provide the unique location of each blind to the Department. This broad grant of authority allows the Department to regulate the issuance of licenses and establish specific restrictions, such as prohibiting licenses in certain areas, resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the agency to manage and protect public resources while ensuring compliance with the statutory framework established for riparian rights and waterfowl hunting.

CROSS-REFERENCE § 29.1-347

EXCEPTION § 29.1-344

Provision 2

"These prohibitions shall not alter the privileges prescribed in §§ 29.1-344 and ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild birds and animals. This broad grant of authority allows for the regulation to incorporate specific provisions that respect existing rights of riparian owners, thereby ensuring that the regulation aligns with the overarching statutory framework without conflicting with established privileges. The legal significance of this authorization relationship is that it enables the Board to create regulations that are flexible and responsive to both wildlife management needs and the rights of individuals, reflecting a comprehensive approach to governance in this area.

CROSS-REFERENCE § 29.1-347

EXCEPTION § 29.1-344

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-120

Express

General

Overreach

Unauthorized

Requirements

The special sea duck area shall be designated and delineated as follows: The ocean waters of Virginia, the tidal waters of Northampton and Accomack Counties up to the first highway bridge, and the Chesapeake Bay and each of its tributaries up to the first highway bridge.¹ Back Bay and its tributaries are not included in the special sea duck hunting area.²

Provision-Level Authorization Analysis

Provision 1

"The special sea duck area shall be designated and delineated as follows: The oce..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation as it pertains to the designation and delineation of specific areas for hunting, which is a critical aspect of managing wildlife resources. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure sustainable hunting practices and conservation efforts within the defined areas, reflecting the statutory intent to manage wildlife effectively.

Provision 2

"Back Bay and its tributaries are not included in the special sea duck hunting ar..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific hunting areas and regulations, such as the exclusion of Back Bay and its tributaries from the special sea duck hunting area, which falls within the scope of managing wildlife resources. The legal significance of this authorization relationship is that it provides the Board with the flexibility to adapt regulations to specific circumstances while ensuring compliance with the overarching statutory framework.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-130

Express

General

Overreach

Unauthorized

Requirements

Whenever federal migratory waterfowl regulations permit a special season for taking scaup ducks outside the regular duck hunting season, or permit an extra bag limit on scaup ducks during the regular duck hunting season, within an area designated under regulations adopted by the board, the area to which such special season or extra bag limit shall apply shall be designated and delineated as follows: The tidal waters of Accomack and Northampton counties; the waters of Virginia Beach seaward of, but not including, Back Bay and all of its tributaries, and seaward of Route 60; Virginia waters bordering on and tributary to the Potomac River below the mouth of Chopawamsic Creek at Quantico Marine Reservation, but in no case above any highway bridge across such tributaries; and the waters of Chesapeake Bay and its tributaries upstream to Routes 644 and 200 in Northumberland County, Route 360 on the Rappahannock River, Route 3 on the Piankatank River, Route 33 of the York River, a line between Jamestown ferry dock and Scotland ferry dock on the James River, Route 17 on Chuckatuck Creek and the Nansemond River, Routes 17 and 58 on the Elizabeth River, and Route 337 on the Lafayette River.¹

Provision-Level Authorization Analysis

Provision 1

"Whenever federal migratory waterfowl regulations permit a special season for tak..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning special seasons and bag limits for scaup ducks, as it falls within the realm of hunting regulations that the Board is authorized to establish. The legal significance of this authorization relationship is that it allows the Board to adapt hunting regulations in response to federal guidelines and conservation needs, ensuring effective wildlife management.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-140

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to take or attempt to take ducks, geese, brant, swans, coots, mergansers, rails, snipe, gallinules or moorhens while possessing shotshells loaded with shot other than steel, bismuth-tin, tungsten-iron or other nontoxic shot approved for such use by the director of the department, if such shot is permissible under federal migratory waterfowl regulations.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to take or attempt to take ducks, geese, brant, swans, coot..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language allows the Board to establish specific rules, such as the prohibition on using certain types of shotshells for hunting waterfowl, as it directly pertains to the taking of wild birds. The legal significance of this relationship is that it empowers the Board to implement necessary regulations to manage wildlife resources effectively, ensuring compliance with conservation efforts while maintaining the authority granted by the statute.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-150

Express

General

Overreach

Unauthorized

Requirements

Creek and Dyke Marsh; no hunting area established.¹ The waters of the Great Hunting Creek embayment within the City of Alexandria, and the waters of the Potomac River in Fairfax County north of Dyke Marsh and south of the City of Alexandria and between the shore and a line 1,000 feet from the Maryland state line, are declared a no hunting area.² It shall be unlawful to hunt migratory waterfowl within this no-hunting area (although waterfowl that have been wounded elsewhere may be pursued into this area), and no stationary or floating blind shall be located within this no-hunting area.³

Provision-Level Authorization Analysis

Provision 1

"Creek and Dyke Marsh; no hunting area established."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of specific regulations, such as designating areas where hunting is prohibited, which falls under the Board's general authority to manage wildlife resources effectively. The legal significance of this relationship is that it empowers the Board to create necessary regulations to protect wildlife and ensure sustainable practices without needing to seek further legislative approval for each specific regulation.

Provision 2

"The waters of the Great Hunting Creek embayment within the City of Alexandria, a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific regulations, such as designating no hunting areas, as it falls within the scope of managing wildlife and ensuring conservation efforts. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for the effective implementation of wildlife management policies, thereby promoting public safety and ecological balance.

Provision 3

"It shall be unlawful to hunt migratory waterfowl within this no-hunting area (al..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals, as well as inland water fish. This broad grant of authority allows the Board to establish specific regulations, such as prohibiting hunting in designated no-hunting areas to ensure the conservation and management of wildlife populations. The legal significance of this authorization relationship is that it empowers the Board to create detailed rules necessary for effective wildlife management while maintaining compliance with the overarching statutory framework.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-160

Express

General

Overreach

Unauthorized

Requirements

Creek and Dyke Marsh; floating blind area.¹ No license shall be issued for stationary waterfowl blinds on the Potomac River in Fairfax County adjacent to National Park Service lands in the Great Hunting Creek and Dyke Marsh areas.² Waterfowl hunting in Commonwealth waters adjacent to the above mentioned lands shall be by licensed floating blind only.³ Such floating blinds (i) must be attached securely to a post or buoy affixed to the river bottom by the department or anchored at global positioning system (GPS) locations designated by the department and (ii) are limited to one floating blind per post at any time.⁴ Hunters in licensed floating blinds may hunt from designated locations during legal shooting hours on Thanksgiving Day and on Mondays, Wednesdays and Fridays during the open seasons for hunting waterfowl in Virginia.⁵ Blind sites shall be occupied on a daily first-come basis, such sites to be occupied no earlier than 4 a.m. or later than one-half hour after sunset.⁶ All such blinds shall be removed each day.⁷

Provision-Level Authorization Analysis

Provision 1

"Creek and Dyke Marsh; floating blind area."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various activities concerning wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of regulations that can address specific areas, such as the management of floating blind areas, which falls under the general category of hunting and capturing wildlife. The legal significance of this relationship is that it enables the Board to implement detailed regulations necessary for effective wildlife management without requiring further specific legislative approval, thereby ensuring flexibility in addressing evolving conservation needs.

Provision 2

"No license shall be issued for stationary waterfowl blinds on the Potomac River ..."

General Delegation

AUTHORIZING STATUTE § 29.1-351

The Board shall have the power to amend or alter the provisions of this article by regulation The Board may adopt other regulations concerning the use of such blinds

ANALYSIS

§ 29.1-351 specifically grants the Board the power to amend or alter provisions by regulation and to adopt other regulations concerning the use of blinds. This broad grant of authority allows the Board to regulate specific aspects of waterfowl blinds, such as the prohibition of licenses in certain areas, which falls within the scope of managing wildlife resources and protecting public lands. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that address local environmental concerns while ensuring compliance with overarching statutory mandates.

Provision 3

"Waterfowl hunting in Commonwealth waters adjacent to the above mentioned lands s..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the ability to confer powers and duties upon the Director. This broad grant of authority encompasses the regulation regarding waterfowl hunting by allowing the Board to establish specific methods and conditions for hunting practices, which are essential for effective wildlife management. The legal significance of this authorization relationship is that it enables the Board to implement detailed regulations that ensure compliance with wildlife conservation goals while maintaining the flexibility to adapt to changing circumstances in the Commonwealth.

Provision 4

"Such floating blinds (i) must be attached securely to a post or buoy affixed to ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning floating blinds, as it pertains to the management and regulation of activities associated with hunting and capturing wildlife, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to implement specific regulations necessary for the effective management and conservation of wildlife resources, ensuring compliance with the overarching statutory framework.

Provision 5

"Hunters in licensed floating blinds may hunt from designated locations during le..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals, as well as inland water fish. This broad language allows for the establishment of specific hunting practices and regulations, such as those governing the use of licensed floating blinds and designated hunting days, which fall under the general authority to regulate hunting activities. The legal significance of this authorization relationship is that it enables the Board to create detailed rules that ensure the management and conservation of wildlife while providing clarity and structure to hunting practices within the state.

Provision 6

"Blind sites shall be occupied on a daily first-come basis, such sites to be occu..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses various aspects of wildlife management, including the regulation of hunting practices and site usage, which is reflected in the regulation concerning the occupation of blind sites. The legal significance of this authorization relationship is that it allows the Board to implement specific operational guidelines that support the overarching goals of wildlife conservation and management, ensuring that hunting activities are conducted in a regulated and orderly manner.

Provision 7

"All such blinds shall be removed each day."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including the hunting and taking of wild birds and animals. This broad language allows for the establishment of specific operational rules, such as the requirement for daily removal of blinds, which directly supports the overarching goal of managing wildlife and ensuring sustainable practices. The legal significance of this relationship is that it empowers the Board to implement detailed regulations necessary for effective wildlife conservation without needing further legislative approval, thereby facilitating timely and responsive management actions.

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-170

Express

General

Overreach

Unauthorized

Requirements

A. As used in this section, "affected area" means all of that portion of the James River known as the Dutch Gap Cutoff and waters adjacent to and within the Dutch Gap Conservation Area and Henricus Park, from the Dutch Gap Boat Landing downstream to the northeast tip of Farrar's Island in Henricus Park, including the old channel of the James River adjoining the Dutch Gap Conservation Area on Farrar's Island.¹ B. The hunting of waterfowl in the affected area is prohibited except as authorized by, and subject to the terms and conditions specified in, a department-issued permit.² C. No stationary waterfowl blinds shall be licensed in the affected area.³ D. The prohibitions in subsections B and C of this section shall not apply to, and shall not alter in any respect, the privileges prescribed in §§ 29.1-344 and 29.1-347 of the Code of Virginia for riparian owners, their lessees, and permittees.⁴

Provision-Level Authorization Analysis

Provision 1

"A. As used in this section, "affected area" means all of that portion of the Jam..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to define specific areas, such as the "affected area" in the regulation, to manage and protect wildlife resources effectively within designated regions. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that align with the overarching statutory framework, ensuring that wildlife management is responsive to local conditions and conservation needs.

CROSS-REFERENCE § 29.1-347

EXCEPTION § 29.1-344

Provision 2

"B. The hunting of waterfowl in the affected area is prohibited except as authori..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific regulations, such as prohibiting the hunting of waterfowl except under certain conditions, thereby falling under GENERAL_DELEGATION as it enables the agency to manage wildlife resources effectively within the scope of its statutory mandate. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure sustainable wildlife management while adhering to the overarching legislative framework.

CROSS-REFERENCE § 29.1-347

EXCEPTION § 29.1-344

Provision 3

"C. No stationary waterfowl blinds shall be licensed in the affected area."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to establish regulations that manage various aspects of wildlife conservation and hunting practices, including the licensing of stationary waterfowl blinds, which directly relates to the regulation in question. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations to ensure sustainable wildlife management without requiring specific legislative approval for each individual regulation.

CROSS-REFERENCE § 29.1-347

EXCEPTION § 29.1-344

Provision 4

"D. The prohibitions in subsections B and C of this section shall not apply to, a..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to create regulations that align with existing statutory privileges, such as those for riparian owners, thereby resulting in GENERAL_DELEGATION as it encompasses the regulation's intent to clarify and preserve those privileges. The legal significance of this relationship is that it empowers the board to regulate within the scope of its authority while ensuring that established rights are not infringed upon, thus maintaining consistency with the overarching statutory framework.

CROSS-REFERENCE § 29.1-347

EXCEPTION § 29.1-344

Game: Waterfowl and Waterfowl Blinds

4VAC15-260-180

Express

General

Overreach

Unauthorized

Requirements

Only persons with a valid Tundra Swan hunting permit will be allowed to take Tundra Swans during the prescribed season in Virginia.¹ Tundra Swan hunting permits are nontransferable and are valid for use only by the person to whom issued.² Permits must be in the immediate possession of the permit holder while swan hunting.³ Immediately at the time and place of kill, successful permittees must permanently record the month and day of kill on their permit and attach the permit to the swan as instructed.⁴

Provision-Level Authorization Analysis

Provision 1

"Only persons with a valid Tundra Swan hunting permit will be allowed to take Tun..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to establish specific requirements, such as the necessity of a valid hunting permit for Tundra Swans, thereby justifying the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed regulations that ensure the sustainable management and conservation of wildlife resources within the framework established by the statute.

Provision 2

"Tundra Swan hunting permits are nontransferable and are valid for use only by th..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild birds. This broad grant of authority allows for the establishment of specific rules, such as the nontransferability of tundra swan hunting permits, which ensures that permits are issued and used in a controlled manner, aligning with the overarching goals of wildlife conservation and management. The legal significance of this relationship is that it empowers the Board to implement detailed regulations under its general authority, ensuring effective oversight and compliance in the management of wildlife resources.

Provision 3

"Permits must be in the immediate possession of the permit holder while swan hunt..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild birds. This broad language encompasses the regulation requiring permits to be in the immediate possession of the permit holder while swan hunting, as it pertains directly to the taking and possession of a specific wild bird. The legal significance of this authorization relationship is that it allows the Board to establish necessary operational requirements for hunting activities, ensuring compliance with wildlife management practices without needing further legislative approval.

Provision 4

"Immediately at the time and place of kill, successful permittees must permanentl..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation requiring permittees to record the date of kill and attach the permit to the swan, as it directly pertains to the killing and possession of wild birds. The legal significance of this authorization relationship is that it allows the Board to implement specific regulatory measures necessary for the management and oversight of wildlife activities, ensuring compliance with the statutory framework.

Game: Firearms

4VAC15-270-10

Express

General

Overreach

Unauthorized

Requirements

Size rifles for hunting bear, elk, and deer.¹ It shall be unlawful to use a rifle of a caliber less than 23 for the hunting of bear, elk, and deer.²

Provision-Level Authorization Analysis

Provision 1

"Size rifles for hunting bear, elk, and deer."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, and possession of wild animals, which includes setting standards for the equipment used in such activities. This broad language encompasses the regulation concerning the size of rifles for hunting bear, elk, and deer, as it directly relates to the methods and means of hunting these wild animals. The legal significance of this authorization relationship is that it allows the Board to establish specific hunting regulations under a general framework, ensuring that the management of wildlife and hunting practices can be effectively regulated without requiring further legislative approval for each specific rule.

Provision 2

"It shall be unlawful to use a rifle of a caliber less than 23 for the hunting of..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the use of specific rifle calibers for hunting bear, elk, and deer, as it directly pertains to the hunting and taking of wild animals. The legal significance of this authorization relationship is that it allows the Board to establish detailed regulations necessary for the effective management and conservation of wildlife, ensuring that hunting practices align with the overarching goals of wildlife protection and sustainable use.

Game: Firearms

4VAC15-270-20

Express

General

Overreach

Unauthorized

Requirements

City of Chesapeake.¹

Provision-Level Authorization Analysis

Provision 1

"City of Chesapeake."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for a wide range of regulatory actions, including those that may pertain to specific localities, such as the City of Chesapeake, thereby resulting in GENERAL_DELEGATION as it encompasses various aspects of wildlife management and conservation. The legal significance of this authorization relationship is that it empowers the Board to create regulations that are necessary for effective wildlife governance while ensuring that local considerations can be addressed within the framework established by the statute.

Game: Firearms

4VAC15-270-30

Express

General

Overreach

Unauthorized

Requirements

Swamp in the cities of Chesapeake and Suffolk located as much as 100 yards from any railroad or public highway when the rifle is used on a stand elevated not less than 15 feet above the ground.¹

Provision-Level Authorization Analysis

Provision 1

"Swamp in the cities of Chesapeake and Suffolk located as much as 100 yards from ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the use of rifles in specific locations, as it directly pertains to the taking of wild animals in designated areas and under specified conditions. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations that ensure the management and conservation of wildlife while adhering to the overarching statutory framework.

Game: Firearms

4VAC15-270-40

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to shoot a rifle or pistol at wild birds or animals on or over the public inland waters of this Commonwealth; provided, however that licensed trappers may shoot a .22 caliber rimfire rifle or pistol on or over public inland waters for the purpose of dispatching a trapped animal.¹ It shall be unlawful to carry a loaded rifle or pistol on a boat or other floating device on the public inland waters for the purpose of hunting wild birds and wild animals; provided, however, that unloaded rifles or pistols may be transported by boat from one point to another.² Nothing in this regulation applies to department personnel conducting wildlife management activities on the public waters of the Commonwealth.³

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to shoot a rifle or pistol at wild birds or animals on or o..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad grant of authority encompasses the regulation prohibiting the shooting of rifles or pistols at wild birds or animals on public inland waters, as it directly relates to the taking and killing of wildlife, thereby justifying GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to establish specific rules to manage and protect wildlife effectively, ensuring compliance with the overarching statutory framework.

Provision 2

"It shall be unlawful to carry a loaded rifle or pistol on a boat or other floati..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language encompasses the regulation prohibiting the carrying of loaded firearms on boats, as it relates to the safe and regulated practice of hunting these species. The legal significance of this relationship is that it allows the Board to implement necessary safety measures and operational guidelines within the framework of its regulatory authority, ensuring compliance with the overarching goals of wildlife management and conservation.

Provision 3

"Nothing in this regulation applies to department personnel conducting wildlife m..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the regulation to exempt department personnel from its provisions, as it falls within the scope of wildlife management activities that the Board is empowered to regulate. The legal significance of this authorization relationship is that it enables the Board to create flexible regulations that can adapt to the needs of wildlife management while ensuring compliance with the overarching statutory framework.

Game: Firearms

4VAC15-270-60

Express

General

Overreach

Unauthorized

Requirements

A. It shall be unlawful to possess outside of a vehicle, or shoot or hunt with a rifle, muzzleloader, pistol, or shotgun loaded with slugs, or to possess shotgun slugs, on Ragged Island Wildlife Management Area in Isle of Wight County. In addition, it shall be unlawful to discharge any firearm within 100 yards of the boardwalk or nature trail on Ragged Island Wildlife Management Area.¹ B. The provisions of this section shall not prohibit the possession, transport, and use of loaded firearms by employees of the Department of Wildlife Resources while engaged in the performance of their duties, nor shall it prohibit the possession and transport of loaded concealed handguns where the individual possesses a concealed handgun permit as defined in § 18.2-308 of the Code of Virginia.²

Provision-Level Authorization Analysis

Provision 1

"A. It shall be unlawful to possess outside of a vehicle, or shoot or hunt with a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to regulate specific activities, such as the possession and use of firearms in designated wildlife management areas, which directly relates to the management and conservation of wildlife. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that ensure the protection and sustainable use of wildlife resources, reflecting the intent of the statute to manage these activities effectively.

EXCEPTION § 18.2-308

Provision 2

"B. The provisions of this section shall not prohibit the possession, transport, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including conferring powers and duties upon the Director and revising fees for licenses. This results in GENERAL_DELEGATION because the regulation concerning the possession and transport of loaded firearms by Department employees falls within the Board's broad authority to establish regulations that facilitate the effective management and enforcement of wildlife resources and public safety. The legal significance of this authorization relationship is that it allows the agency to implement necessary operational protocols while ensuring compliance with statutory mandates, thereby enhancing the agency's ability to fulfill its responsibilities effectively.

EXCEPTION § 18.2-308

Game: Firearms

4VAC15-270-70

Express

General

Overreach

Unauthorized

Requirements

Where the use of shotguns with slugs is permitted, shotguns with barrels that are partially or entirely rifled may be used unless otherwise prohibited by local ordinance.¹

Provision-Level Authorization Analysis

Provision 1

"Where the use of shotguns with slugs is permitted, shotguns with barrels that ar..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses a wide range of activities and methods related to hunting, allowing for the regulation of specific equipment, such as shotguns, used in these activities, which is reflected in the regulation. The legal significance of this authorization relationship is that it enables the Board to establish detailed rules that govern hunting practices, ensuring they align with the overarching goals of wildlife management and conservation.

Game: Firearms

4VAC15-270-80

Express

General

Overreach

Unauthorized

Requirements

A. It shall be lawful to hunt nonmigratory game and crows with unplugged shotguns.¹ B. It shall be unlawful to hunt migratory game birds with a shotgun capable of holding more than three shells in the magazine and chamber combined, unless otherwise authorized by the director and consistent with applicable federal regulations.²

Provision-Level Authorization Analysis

Provision 1

"A. It shall be lawful to hunt nonmigratory game and crows with unplugged shotgun..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific rules, such as permitting the hunting of nonmigratory game and crows with unplugged shotguns, under the general framework of managing wildlife resources. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife management while remaining within the scope of the authority granted by the statute.

Provision 2

"B. It shall be unlawful to hunt migratory game birds with a shotgun capable of h..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and taking of wild birds. This broad language allows the Board to establish specific rules, such as limitations on hunting methods for migratory game birds, which fall under the general authority to regulate hunting practices. The legal significance of this relationship is that it provides the Board with the flexibility to implement detailed regulations necessary for effective wildlife management while ensuring compliance with broader statutory mandates.

Game: Firearms

4VAC15-270-90

Express

General

Overreach

Unauthorized

Requirements

Per the provisions of § 29.1-528 A of the Code of Virginia, the following model ordinances related to hunting with firearms may be adopted by counties and cities.¹ In accordance with § 29.1-528 B of the Code of Virginia, no such ordinance shall be enforceable unless the governing body of the locality notifies the director by registered mail prior to May 1 of the year in which the ordinance is to take effect.² Model Ordinance 1: It shall be unlawful to hunt with a rifle larger than .22 caliber rim fire.³ Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.⁴ Model Ordinance 2: It shall be unlawful to hunt with a rifle larger than .22 caliber rim fire, except rifles of a larger caliber may be used for hunting groundhogs and coyotes between March 1 - August 31.⁵ Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.⁶ Model Ordinance 3: It shall be unlawful to hunt with a rifle larger than .22 caliber rim fire, except rifles of a larger caliber may be used to hunt from a stand elevated at least 10 feet from the ground.⁷ Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.⁸ Model Ordinance 4: Muzzleloading rifles may only be used to hunt from a stand elevated at least 10 feet from the ground.⁹ Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.¹⁰ Model Ordinance 5: Muzzleloading rifles firing a single projectile may not be used to hunt between April 1 - May 31.¹¹ Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.¹² Model Ordinance 6: It shall be unlawful to hunt with shotguns loaded with slugs.¹³ Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.¹⁴ Model Ordinance 7: It shall be unlawful to engage in hunting with a firearm within the right-of-way of any primary or secondary highway.¹⁵ Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.¹⁶ Model Ordinance 8: It shall be unlawful to engage in hunting with a firearm within 100 yards of any primary or secondary highway.¹⁷ Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.¹⁸

Provision-Level Authorization Analysis

Provision 1

"Per the provisions of § 29.1-528 A of the Code of Virginia, the following model ..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

The Board shall adopt regulations establishing model ordinances for hunting with firearms the governing body of any county or city may, by ordinance, (i) prohibit hunting in such county or city with a shotgun loaded with slugs, or with a rifle of a caliber larger than .22 rimfire; (ii) permit the hunting of groundhogs with a rifle of a caliber larger than .22 rimfire between March 1 and August 31; (iii) permit the use of muzzle-loading rifles during the prescribed open seasons for the hunting of game species; (iv) specify permissible types of ammunition to be used for hunting in the county or city; or (v) permit the hunting of coyotes with a rifle of a caliber larger than .22 rimfire.

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations establishing model ordinances for hunting with firearms, outlining various provisions that local governing bodies may implement. This broad grant of authority allows for flexibility in the creation of model ordinances that can address a range of hunting regulations, resulting in GENERAL_DELEGATION, as it empowers localities to adopt these ordinances under the framework provided by the Board. The legal significance of this authorization relationship is that it enables local governments to tailor hunting regulations to their specific needs while remaining within the guidelines established by the Board, ensuring consistency and compliance with state law.

ADDITIONAL AUTHORITY § 29.1-528

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 2. Hunting and Trapping › § 29.1-528. Board to develop model ordinances for hunting with firearms; counties or cities may adopt A. The Board shall adopt regulations establishing model ordinances for hunt...

Provision 2

"In accordance with § 29.1-528 B of the Code of Virginia, no such ordinance shall..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations establishing model ordinances related to hunting practices, including provisions for local governing bodies to enact specific hunting regulations. This results in GENERAL_DELEGATION because the statute provides a broad framework for localities to create their own ordinances, while the regulation ensures that these ordinances are communicated to the director in a timely manner, thus supporting the overall structure established by the statute. The legal significance of this authorization relationship is that it allows for local flexibility in hunting regulations while maintaining oversight and coordination with the state agency, ensuring compliance with the established statutory framework.

ADDITIONAL AUTHORITY § 29.1-528

Provision 3

"Model Ordinance 1: It shall be unlawful to hunt with a rifle larger than .22 cal..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

The Board shall adopt regulations establishing model ordinances for hunting with firearms The governing body of any county or city may, by ordinance, ... prohibit hunting ...; permit the hunting of groundhogs ...; permit the use of muzzle-loading rifles ...; specify permissible types of ammunition ...; or permit the hunting of coyotes ...

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations establishing model ordinances for hunting with firearms, allowing for a range of provisions related to hunting practices. This broad grant of authority encompasses the regulation regarding the prohibition of hunting with rifles larger than .22 caliber rim fire, as it falls within the scope of establishing permissible types of firearms for hunting. The legal significance of this authorization relationship is that it allows the Board to implement regulations that ensure safety and manage wildlife effectively, reflecting the intent of the statute to provide comprehensive guidelines for hunting practices.

ADDITIONAL AUTHORITY § 29.1-528

Provision 4

"Any person who violates the provisions of this ordinance shall be guilty of a Cl..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations that establish model ordinances related to hunting practices, including the ability to set forth prohibitions and permissions regarding various types of firearms and ammunition. This broad grant of authority encompasses the regulation's provision that establishes penalties for violations of the ordinance, as it directly relates to enforcing the hunting regulations set forth by the Board. The legal significance of this authorization relationship is that it allows for the effective enforcement of the Board's regulations, ensuring compliance with the established hunting ordinances while maintaining the integrity of wildlife management and public safety.

ADDITIONAL AUTHORITY § 29.1-528

Provision 5

"Model Ordinance 2: It shall be unlawful to hunt with a rifle larger than .22 cal..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations that establish model ordinances for hunting with firearms, allowing local governing bodies to create ordinances that regulate various aspects of hunting. The regulation aligns with the statute by providing specific rules regarding the use of rifles based on caliber for hunting groundhogs and coyotes, which falls within the broad authority granted to the Board to regulate hunting practices. This authorization relationship signifies that the regulation is a permissible exercise of the Board's delegated powers, allowing for local adaptation while maintaining consistency with the overarching statutory framework.

ADDITIONAL AUTHORITY § 29.1-528

Provision 6

"Any person who violates the provisions of this ordinance shall be guilty of a Cl..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations establishing model ordinances related to hunting practices, including prohibitions and permissions regarding the use of firearms and ammunition. This broad grant of authority allows for the establishment of penalties for violations of those ordinances, resulting in GENERAL_DELEGATION, as the regulation addresses enforcement mechanisms that align with the statutory intent to regulate hunting activities. The legal significance of this authorization relationship is that it empowers the Board to create enforceable regulations that ensure compliance with the hunting ordinances, thereby promoting public safety and wildlife management.

ADDITIONAL AUTHORITY § 29.1-528

Provision 7

"Model Ordinance 3: It shall be unlawful to hunt with a rifle larger than .22 cal..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations that establish model ordinances related to hunting practices, including the prohibition of certain firearms and the specification of permissible types of ammunition. The regulation aligns with the statute by providing a specific exception to the general prohibition on using rifles larger than .22 caliber rimfire, thereby reflecting the Board's broad authority to regulate hunting methods and conditions as outlined in the statute. This authorization relationship is legally significant because it allows the Board to create flexible regulations that accommodate varying hunting practices while remaining within the framework established by the statute.

ADDITIONAL AUTHORITY § 29.1-528

Provision 8

"Any person who violates the provisions of this ordinance shall be guilty of a Cl..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations that establish model ordinances related to hunting practices, including the prohibition of certain types of firearms and the specification of permissible ammunition. This broad grant of authority allows the Board to create regulations that enforce compliance with the established ordinances, such as the imposition of penalties for violations, which is why the regulation is categorized under GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Board to ensure adherence to the hunting regulations while providing a framework for local governance to manage hunting activities effectively.

ADDITIONAL AUTHORITY § 29.1-528

Provision 9

"Model Ordinance 4: Muzzleloading rifles may only be used to hunt from a stand el..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations establishing model ordinances related to hunting practices, including the use of muzzle-loading rifles during open seasons for hunting game species. The regulation's requirement that muzzleloading rifles may only be used from an elevated stand aligns with the Board's broad authority to specify conditions under which hunting may occur, thereby supporting the need for general delegation to ensure effective management of hunting practices. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations that enhance wildlife conservation efforts while providing flexibility to adapt to specific hunting circumstances within the framework established by the statute.

ADDITIONAL AUTHORITY § 29.1-528

Provision 10

"Any person who violates the provisions of this ordinance shall be guilty of a Cl..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations related to hunting practices, including the establishment of model ordinances that govern various aspects of hunting within counties and cities. This broad grant of authority allows the Board to create regulations that enforce compliance with the ordinances, such as imposing penalties for violations, which results in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Board to ensure adherence to hunting regulations while maintaining local governance over hunting practices, thus facilitating effective wildlife management and public safety.

ADDITIONAL AUTHORITY § 29.1-528

Provision 11

"Model Ordinance 5: Muzzleloading rifles firing a single projectile may not be us..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

The Board shall adopt regulations establishing model ordinances for hunting with firearms the governing body of any county or city may, by ordinance, ... prohibit hunting ...; permit the hunting of groundhogs ...; permit the use of muzzle-loading rifles ...; specify permissible types of ammunition ...; or permit the hunting of coyotes ...

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations that establish model ordinances related to hunting practices, including the use of specific types of firearms and the timing of hunting activities. This broad grant of authority allows the Board to regulate the use of muzzle-loading rifles, including setting restrictions on their use during certain periods, which is reflected in the regulation prohibiting their use between April 1 and May 31. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that align with the overarching statutory framework, ensuring that hunting practices are effectively managed while providing flexibility to address specific circumstances.

ADDITIONAL AUTHORITY § 29.1-528

Provision 12

"Any person who violates the provisions of this ordinance shall be guilty of a Cl..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations that establish model ordinances related to hunting practices, including the prohibition of certain hunting methods and the specification of permissible types of ammunition. This broad grant of authority allows for the creation of regulations that enforce compliance with the established ordinances, such as the provision that imposes a penalty for violations, thereby falling under GENERAL_DELEGATION. The legal significance of this relationship is that it enables the Board to implement and enforce regulations necessary to ensure adherence to the hunting ordinances set forth in the statute, thereby promoting effective wildlife management and public safety.

ADDITIONAL AUTHORITY § 29.1-528

Provision 13

"Model Ordinance 6: It shall be unlawful to hunt with shotguns loaded with slugs."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations establishing model ordinances related to hunting practices, including prohibiting certain types of firearms and specifying permissible ammunition. This broad grant of authority allows the regulation to encompass prohibitions on hunting with shotguns loaded with slugs, as it falls within the scope of the Board's ability to regulate hunting methods and ensure compliance with local ordinances. The legal significance of this authorization relationship is that it empowers the Board to create regulations that align with the statutory intent of managing hunting practices while allowing local governing bodies to implement specific restrictions.

ADDITIONAL AUTHORITY § 29.1-528

Provision 14

"Any person who violates the provisions of this ordinance shall be guilty of a Cl..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations related to hunting practices, including the establishment of model ordinances that govern various aspects of hunting within counties or cities. This broad grant of authority allows the Board to implement regulations that enforce compliance with the hunting ordinances, such as the imposition of penalties for violations, which is reflected in the regulation stating that violations result in a Class 3 misdemeanor. The legal significance of this authorization relationship is that it empowers the Board to create enforceable regulations that ensure adherence to the established hunting ordinances, thereby promoting public safety and wildlife management.

ADDITIONAL AUTHORITY § 29.1-528

Provision 15

"Model Ordinance 7: It shall be unlawful to engage in hunting with a firearm with..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations establishing model ordinances related to hunting practices, including the prohibition of certain hunting methods and the specification of permissible types of ammunition. This broad grant of authority allows the Board to regulate hunting in various contexts, including safety measures such as prohibiting hunting within the right-of-way of highways, which is a necessary aspect of managing hunting activities to ensure public safety. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that address safety concerns while still adhering to the overarching framework established by the statute, thereby ensuring that local ordinances align with state hunting regulations.

ADDITIONAL AUTHORITY § 29.1-528

Provision 16

"Any person who violates the provisions of this ordinance shall be guilty of a Cl..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations that establish model ordinances related to hunting practices, including provisions for prohibiting certain types of hunting and specifying permissible ammunition. This broad grant of authority allows for the creation of regulations that enforce compliance with the established ordinances, such as the imposition of penalties for violations, thereby resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it enables the agency to implement and enforce regulations that ensure adherence to the statutory framework, thereby promoting effective wildlife management and public safety.

ADDITIONAL AUTHORITY § 29.1-528

Provision 17

"Model Ordinance 8: It shall be unlawful to engage in hunting with a firearm with..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations that establish model ordinances for hunting with firearms, allowing local governing bodies to create ordinances that address various aspects of hunting. This broad grant of authority encompasses the regulation because it allows for the establishment of specific hunting restrictions, such as prohibiting hunting near highways, which aligns with the Board's responsibility to ensure safe hunting practices. The legal significance of this authorization relationship is that it empowers local governments to implement regulations that enhance public safety while remaining within the framework established by the Board's overarching authority.

ADDITIONAL AUTHORITY § 29.1-528

Provision 18

"Any person who violates the provisions of this ordinance shall be guilty of a Cl..."

General Delegation

AUTHORIZING STATUTE § 29.1-528

ANALYSIS

§ 29.1-528 specifically grants the Board the authority to adopt regulations that establish model ordinances related to hunting practices, including prohibitions, permissions, and specifications regarding hunting methods and equipment. This broad grant of authority allows for the creation of regulations that enforce compliance with the established ordinances, such as the imposition of penalties for violations, which aligns with the Board's responsibility to regulate hunting activities. The legal significance of this authorization relationship is that it enables the Board to implement and enforce regulations effectively, ensuring adherence to the hunting ordinances set forth in the statute while maintaining the flexibility to address various hunting-related issues.

ADDITIONAL AUTHORITY § 29.1-528

Game: Firearms

4VAC15-270-95

Express

General

Overreach

Unauthorized

Requirements

Pursuant to § 29.1-528.1 A of the Code of Virginia, the following model ordinances related to hunting deer with bow and arrow (including crossbows) may be adopted by those counties and cities where there is an overabundance of the deer population, which is creating conflicts between humans and deer, including safety hazards to motorists.¹ In accordance with § 29.1-528.1 B of the Code of Virginia, no such ordinance shall be enforceable unless the governing body of the locality notifies the director by registered mail prior to May 1 of the year in which the ordinance is to take effect.² Model Ordinance 1: The times at which hunting shall commence and end each day shall be in accordance with the provisions of § 29.1-520 of the Code of Virginia.³ Model Ordinance 2: The number of deer that can be taken shall be in accordance with bag limits established by the Board of Wildlife Resources pursuant to §§ 29.1-501 and 29.1-502 of the Code of Virginia.⁴ Model Ordinance 3: No person shall discharge a bow and arrow from, over, or across any street, sidewalk, alley, roadway, or toward any building or dwelling in such a manner that an arrow may strike it.⁵ Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.⁶ Model Ordinance 4: It shall be unlawful to discharge a bow and arrow in a manner that can be reasonably expected to result in the impact of the arrow upon the property of another without permission from the owner or tenant of such property.⁷ Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.⁸

Provision-Level Authorization Analysis

Provision 1

"Pursuant to § 29.1-528.1 A of the Code of Virginia, the following model ordinanc..."

General Delegation

AUTHORIZING STATUTE § 29.1-528.1

The Board shall adopt regulations establishing model ordinances the governing body of any locality may provide that any person who violates the provisions of the ordinance shall be guilty of a Class 3 misdemeanor

ANALYSIS

§ 29.1-528.1 specifically grants the Board the authority to adopt regulations that establish model ordinances allowing local governing bodies to impose penalties for violations, categorizing them as Class 3 misdemeanors. This broad grant of authority enables the regulation to address specific issues, such as managing deer populations through hunting, without needing further legislative approval, thus resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it allows localities the flexibility to implement tailored ordinances that respond to local wildlife management needs while remaining within the framework established by the Board's regulations.

ADDITIONAL AUTHORITY § 29.1-528.1

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 2. Hunting and Trapping › § 29.1-528.1. Board to develop model ordinances for hunting with bow and arrow; counties or cities may adopt A. The Board shall adopt regulations establishing model ordinances f...

EXCEPTION § 29.1-520

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 5. Wildlife and Fish Laws › Article 2. Hunting and Trapping › § 29.1-520. Times for hunting A. Nonmigratory game birds and game animals may be hunted from one-half hour before sunrise to one-half hour after sunset. Bears may be hunted with...

Provision 2

"In accordance with § 29.1-528.1 B of the Code of Virginia, no such ordinance sha..."

General Delegation

AUTHORIZING STATUTE § 29.1-528.1

ANALYSIS

§ 29.1-528.1 specifically grants the Board the authority to adopt regulations that establish model ordinances for localities, allowing them to impose penalties for violations. This broad grant of authority encompasses the regulation's requirement for local governing bodies to notify the director prior to the enforcement of any ordinance, as it falls within the framework of establishing procedures related to the implementation of the model ordinances. The legal significance of this authorization relationship is that it allows for a flexible approach to local governance while ensuring that the Board maintains oversight and consistency in the application of the regulations.

ADDITIONAL AUTHORITY § 29.1-528.1

EXCEPTION § 29.1-520

Provision 3

"Model Ordinance 1: The times at which hunting shall commence and end each day sh..."

General Delegation

AUTHORIZING STATUTE § 29.1-528.1

ANALYSIS

§ 29.1-528.1 specifically grants the Board the authority to adopt regulations that establish model ordinances for localities, allowing them to impose penalties for violations. This broad grant of authority encompasses the regulation regarding hunting times, as it falls within the scope of establishing guidelines that localities can adopt to manage hunting activities effectively. The legal significance of this authorization relationship is that it enables localities to enforce specific hunting regulations while ensuring compliance with the overarching statutory framework set by the Board.

ADDITIONAL AUTHORITY § 29.1-528.1

EXCEPTION § 29.1-520

Provision 4

"Model Ordinance 2: The number of deer that can be taken shall be in accordance w..."

General Delegation

AUTHORIZING STATUTE § 29.1-528.1

ANALYSIS

§ 29.1-528.1 specifically grants the Board the authority to adopt regulations that establish model ordinances, allowing local governing bodies to impose penalties for violations. This broad grant of authority encompasses the regulation, as it allows the Board to set parameters, such as bag limits for deer, which localities can incorporate into their ordinances. The legal significance of this authorization relationship is that it enables localities to enforce wildlife management measures while ensuring consistency with the Board's established guidelines, thus promoting effective regulation across jurisdictions.

ADDITIONAL AUTHORITY § 29.1-528.1

EXCEPTION § 29.1-520

Provision 5

"Model Ordinance 3: No person shall discharge a bow and arrow from, over, or acro..."

General Delegation

AUTHORIZING STATUTE § 29.1-528.1

ANALYSIS

§ 29.1-528.1 specifically grants the Board the authority to adopt regulations that establish model ordinances for localities, allowing them to impose penalties for violations. This broad grant of authority encompasses the regulation regarding the discharge of a bow and arrow, as it falls within the scope of public safety and local governance that the statute intends to address. The legal significance of this authorization relationship is that it empowers localities to implement and enforce regulations that protect public safety while providing a framework for penalizing violations, thereby promoting compliance with community standards.

ADDITIONAL AUTHORITY § 29.1-528.1

EXCEPTION § 29.1-520

Provision 6

"Any person who violates the provisions of this ordinance shall be guilty of a Cl..."

General Delegation

AUTHORIZING STATUTE § 29.1-528.1

ANALYSIS

§ 29.1-528.1 specifically grants the Board the authority to adopt regulations that establish model ordinances allowing local governing bodies to impose penalties for violations. The regulation directly reflects this statutory language by stating that any person who violates the provisions of the ordinance shall be guilty of a Class 3 misdemeanor, thereby aligning with the Board's broad authority to create such regulations. This authorization relationship is significant because it empowers localities to enforce the ordinance while ensuring compliance with the established legal framework set forth by the Board.

ADDITIONAL AUTHORITY § 29.1-528.1

EXCEPTION § 29.1-520

Provision 7

"Model Ordinance 4: It shall be unlawful to discharge a bow and arrow in a manner..."

General Delegation

AUTHORIZING STATUTE § 29.1-528.1

ANALYSIS

§ 29.1-528.1 specifically grants the Board the authority to adopt regulations that establish model ordinances, allowing localities to impose penalties for violations. This broad grant of authority encompasses the regulation concerning the unlawful discharge of a bow and arrow, as it falls within the scope of establishing ordinances that address public safety and property protection. The legal significance of this authorization relationship is that it enables local governing bodies to implement and enforce regulations that align with the Board's established model ordinances, thereby promoting consistent enforcement of laws related to public safety across different localities.

ADDITIONAL AUTHORITY § 29.1-528.1

EXCEPTION § 29.1-520

Provision 8

"Any person who violates the provisions of this ordinance shall be guilty of a Cl..."

General Delegation

AUTHORIZING STATUTE § 29.1-528.1

ANALYSIS

§ 29.1-528.1 specifically grants the Board the authority to adopt regulations that establish model ordinances for localities, allowing them to impose penalties for violations. The regulation directly reflects this statutory authority by stating that any person who violates the provisions of the ordinance shall be guilty of a Class 3 misdemeanor, thereby aligning with the Board's mandate to create enforceable penalties. This authorization relationship signifies that the Board has the discretion to create regulations that implement the statute's intent, thereby ensuring consistent enforcement across localities.

ADDITIONAL AUTHORITY § 29.1-528.1

EXCEPTION § 29.1-520

Game: Firearms

4VAC15-270-96

Express

General

Overreach

Unauthorized

Requirements

Pneumatic rifles permitted for hunting deer; prohibited for hunting bear and elk.¹ Pneumatic (air or gas) rifles must be .35 caliber or larger for the hunting or killing of deer.² Pneumatic rifles are prohibited for the hunting or killing of bear and elk.³

Provision-Level Authorization Analysis

Provision 1

"Pneumatic rifles permitted for hunting deer; prohibited for hunting bear and elk..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to regulate various aspects of hunting practices, including the types of equipment that may be used, which encompasses the regulation permitting pneumatic rifles for hunting deer while prohibiting them for bear and elk. The legal significance of this authorization relationship is that it empowers the Board to make specific regulations that align with the overarching statutory framework, ensuring wildlife management and conservation efforts are effectively implemented.

Provision 2

"Pneumatic (air or gas) rifles must be .35 caliber or larger for the hunting or k..."

General Delegation

AUTHORIZING STATUTE § 29.1-103

ANALYSIS

§ 29.1-103 specifically grants the Board the authority to adopt regulations necessary to carry out the purposes of the title, including the ability to confer powers and duties upon the Director. This broad grant of authority allows the Board to establish regulations regarding hunting methods and equipment, such as the caliber of pneumatic rifles for deer hunting, as it is deemed necessary for effective wildlife management and public safety. The legal significance of this authorization relationship is that it empowers the Board to create specific regulations that align with its overarching responsibilities, ensuring that wildlife conservation and hunting practices are effectively regulated within the framework established by the statute.

Provision 3

"Pneumatic rifles are prohibited for the hunting or killing of bear and elk."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific rules, such as the prohibition of pneumatic rifles for hunting bear and elk, as it falls within the general scope of regulating methods of hunting and ensuring wildlife conservation. The legal significance of this authorization relationship is that it empowers the Board to make necessary regulatory decisions to manage wildlife effectively while adhering to the overarching statutory framework.

Game: Hunter Education

4VAC15-275-10

Express

General

Overreach

Unauthorized

Requirements

This chapter applies to any person who has never obtained a license to hunt in any state or country or any person who is younger than 16 years of age, unless such a person presents to the Department of Wildlife Resources or one of its authorized license vendors a certificate of completion in hunter education issued or authorized by the director or the director's representative under the hunter education program or proof that he holds the equivalent certificate obtained from an authorized agency or association of another state or country.¹

Provision-Level Authorization Analysis

Provision 1

"This chapter applies to any person who has never obtained a license to hunt in a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including hunting and possession. This broad grant of authority allows the regulation to encompass provisions for individuals seeking to hunt, including those who have never obtained a license or are under a certain age, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it enables the Board to implement necessary measures to ensure responsible hunting practices and wildlife conservation, reflecting the intent of the statute to regulate wildlife activities comprehensively.

Game: Hunter Education

4VAC15-275-20

Express

General

Overreach

Unauthorized

Requirements

The following words and terms when used in this chapter shall have the following meanings unless the context clearly requires a different meaning:¹ "Accompanied and directly supervised" means, in the case of an apprentice hunter, that a licensed person older than 18 years of age maintains a close visual and verbal contact with, provides adequate direction to, and can immediately assume control of the firearm from the apprentice hunter. In the case of a hunter 12 years of age or younger, the term means that the licensed adult is within sight of the person the age of younger than 12 years of age.² "Adult" means the parent or legal guardian of the person age younger than 12 years of age, or such person the age of older than 18 years of age designated by the parent or legal guardian. "Approved course provider" is any individual, business, or organization that makes available to the hunting public a hunter education course that is approved by the International Hunter Education Association – United States (IHEA-USA) and is accepted by the department. An approved course provider shall have executed and have on file a valid cooperative agreement with the department. The department will make information regarding such approved courses and providers readily available for public access.³ "Board" means the Board of Wildlife Resources.⁴ "Department" means the Department of Wildlife Resources.⁵ "Hunter education course" means a course offered in the classroom, through the Internet, or through an electronic format that provides course content and test questions that at a minimum meet the International Hunter Education Association-USA Education Standards, May 2, 2014, set forth by the International Hunter Education Association-USA (IHEA-USA) and are accepted by the department. A hunter education course shall include no less than 50 test questions, which shall include at least eight test questions specific to Virginia hunting laws.⁶ "IHEA-USA" means the International Hunter Education Association-USA.⁷ "Virginia Hunter Education Card" means a card authorized for issuance by the department to a person who has met the minimum standard of hunter education course competency. This card may be issued as an original or a replacement hunter education course card.⁸

Provision-Level Authorization Analysis

Provision 1

"The following words and terms when used in this chapter shall have the following..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting and possession of wild birds and animals. This broad grant of authority allows the Board to define terms and establish meanings necessary for the effective implementation of its regulations, resulting in GENERAL_DELEGATION as it empowers the agency to create foundational definitions that support its regulatory framework. The legal significance of this authorization relationship is that it enables the Board to exercise flexibility and discretion in managing wildlife regulations, ensuring clarity and consistency in enforcement and compliance.

Provision 2

""Accompanied and directly supervised" means, in the case of an apprentice hunter..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority allows the Board to establish detailed regulations, such as the definition of "accompanied and directly supervised" for apprentice hunters, which is necessary for ensuring safety and compliance within the framework of hunting practices. The legal significance of this authorization relationship is that it empowers the Board to create specific guidelines that support the overarching statutory objectives of wildlife conservation and responsible hunting.

Provision 3

""Adult" means the parent or legal guardian of the person age younger than 12 ye..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and possession of wild animals and birds. This broad grant of authority allows the Board to establish definitions and requirements, such as those for "Adult" and "Approved course provider," which are essential for regulating hunting education and safety. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations that ensure the effective management and oversight of hunting activities, thereby promoting public safety and wildlife conservation.

Provision 4

""Board" means the Board of Wildlife Resources."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including hunting, taking, and possession of wild birds and animals. This broad language allows the Board to establish comprehensive regulations that encompass various activities and definitions, such as the definition of "Board" in the regulation, which is essential for the implementation of those regulations. The legal significance of this authorization relationship is that it enables the Board to exercise its regulatory powers flexibly and effectively, ensuring that all aspects of wildlife resources management are covered under its general delegation of authority.

Provision 5

""Department" means the Department of Wildlife Resources."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses the regulation by allowing the Department of Wildlife Resources to define terms and establish operational frameworks necessary for implementing the Board's regulatory authority. The legal significance of this authorization relationship is that it enables the Department to effectively manage and enforce regulations in line with the Board's overarching mandate, ensuring compliance and conservation efforts are upheld.

Provision 6

""Hunter education course" means a course offered in the classroom, through the I..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting and taking of wild animals. This broad grant of authority encompasses the regulation of hunter education courses, as they are essential for ensuring safe and responsible hunting practices, which directly relates to the taking of wild animals. The legal significance of this authorization relationship is that it allows the Board to implement necessary educational requirements to promote public safety and conservation efforts within the framework established by the statute.

Provision 7

""IHEA-USA" means the International Hunter Education Association-USA."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting and possession of wild animals and birds. This broad grant of authority allows for the establishment of regulations that support the overarching goals of wildlife conservation and education, which encompasses the definition of organizations like the International Hunter Education Association-USA. The legal significance of this authorization relationship is that it enables the Board to implement regulations that facilitate responsible hunting practices and promote safety and education among hunters, thereby fulfilling its statutory mandate.

Provision 8

""Virginia Hunter Education Card" means a card authorized for issuance by the dep..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad language encompasses the regulation concerning the issuance of the Virginia Hunter Education Card, as it relates to the competency standards necessary for individuals engaged in hunting activities. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to ensure safe and responsible hunting practices, reflecting the statute's intent to manage wildlife effectively.

Game: Hunter Education

4VAC15-275-30

Express

General

Overreach

Unauthorized

Requirements

A. A person shall be considered in compliance with the requirements for hunter education if he meets one or more of the following provisions pursuant to § 29.1-300.2 of the Code of Virginia: 1. Completes and passes a hunter education course that is accepted by the department including a fully online course;¹ 2. Is 16 years of age or older and has previously held a license to hunt in any state or country;² 3. Is under the age of 12 years and is accompanied and directly supervised by an adult who holds a valid Virginia hunting license; or³ 4. Holds a Virginia apprentice hunting license and is accompanied and directly supervised by a licensed adult hunter.⁴ B. The minimum standards for hunter education course competency required by the department are: 1. Successful completion of a classroom-based hunter education course or through another format as determined by the department with a passing score of at least 80% on a written test administered closed book at the conclusion of the course by the designated course instructor or other designated course assistant as determined appropriate by the department; and⁵ 2. Successful completion of an Internet hunter education course that is approved by the department with a passing score of at least 90% on an open-book test administered during the online course.⁶

Provision-Level Authorization Analysis

Provision 1

"A. A person shall be considered in compliance with the requirements for hunter e..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

The Department shall provide for a course of instruction in hunter safety, principles of conservation, and sportsmanship The Department may designate as a hunter safety instructor any person found by it to be competent to give instruction in the courses required by this article The Board shall prescribe a minimum level of skill and knowledge to be required of all hunter safety instructors The Board shall promulgate rules and regulations in order to administer and enforce the provisions of § § 29.1-300.1,29.1-300.2, and29.1-300.3

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide a course of instruction in hunter safety and to designate competent instructors, while also empowering the Board to promulgate rules and regulations for enforcement. This broad grant of authority allows the regulation to establish compliance criteria for hunter education, as it falls within the scope of the Department's responsibility to ensure effective instruction and adherence to safety standards. The legal significance of this authorization relationship is that it enables the Department to implement specific educational requirements that align with the overarching goals of promoting safety and conservation in hunting practices.

Provision 2

"2. Is 16 years of age or older and has previously held a license to hunt in any ..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

The Department shall provide for a course of instruction in hunter safety, principles of conservation, and sportsmanship The Department may cooperate with any reputable association or organization The Department may designate as a hunter safety instructor any person found by it to be competent The Board shall prescribe a minimum level of skill and knowledge The Board may revoke the certificate of any instructor The Board shall promulgate rules and regulations in order to administer and enforce the provisions

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide instruction in hunter safety, cooperate with organizations, designate instructors, and promulgate rules and regulations for enforcement. This broad grant of authority allows the Department to establish criteria, such as age and prior hunting experience, for those eligible to participate in the hunter safety program, which aligns with the overarching goal of ensuring competence and safety in hunting practices. The legal significance of this authorization relationship is that it empowers the Department to create regulations that operationalize the statutory intent, ensuring effective administration and enforcement of hunter safety standards.

Provision 3

"3. Is under the age of 12 years and is accompanied and directly supervised by an..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

The Department shall provide for a course of instruction in hunter safety, principles of conservation, and sportsmanship The Department may designate as a hunter safety instructor any person found by it to be competent to give instruction in the courses required by this article The Board shall prescribe a minimum level of skill and knowledge to be required of all hunter safety instructors The Board may revoke the certificate of any instructor The Board shall promulgate rules and regulations in order to administer and enforce the provisions of § § 29.1-300.1,29.1-300.2, and29.1-300.3

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide instruction in hunter safety and to designate competent instructors, while also allowing the Board to promulgate rules and regulations for enforcement. This broad grant of authority encompasses the regulation by allowing the Board to establish necessary conditions for safe hunting practices, which includes stipulating the supervision requirements for young hunters. The legal significance of this authorization relationship is that it empowers the Department and the Board to create regulations that ensure safety and compliance within the framework of the statutory mandate, reflecting a general delegation of authority to address various aspects of hunting safety and instruction.

Provision 4

"4. Holds a Virginia apprentice hunting license and is accompanied and directly s..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide instruction in hunter safety and to designate competent instructors, while also allowing the Board to prescribe necessary skill and knowledge levels and to promulgate rules for enforcement. This broad grant of authority encompasses the regulation, as it allows for the establishment of specific requirements, such as the need for an apprentice hunting license and supervision by a licensed adult, to ensure effective instruction and safety in hunting practices. The legal significance of this authorization relationship is that it enables the Department and Board to create detailed regulations that support the overarching goals of hunter safety and conservation as outlined in the statute.

Provision 5

"B. The minimum standards for hunter education course competency required by the ..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide instruction in hunter safety and to establish rules and regulations for its administration and enforcement. This broad grant of authority allows the Department to set minimum standards for competency in hunter education courses, as reflected in the regulation's requirement for successful completion of a course and a passing score on a test. The legal significance of this relationship is that it enables the Department to implement detailed requirements necessary for effective hunter education while maintaining compliance with the overarching statutory framework.

Provision 6

"2. Successful completion of an Internet hunter education course that is approved..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide courses in hunter safety and to designate competent instructors, while also empowering the Board to promulgate rules and regulations for administration and enforcement. This broad grant of authority allows the Department to establish specific requirements, such as the completion of an approved Internet hunter education course and a minimum passing score, under the general framework of ensuring safety and competence in hunting education. The legal significance of this relationship is that it enables the Department to implement detailed regulatory measures necessary for effective administration of the statutory provisions, thereby ensuring compliance with the overarching goals of hunter safety and conservation.

Game: Hunter Education

4VAC15-275-40

Express

General

Overreach

Unauthorized

Requirements

A. To be an approved course provider, any individual, business, or organization that instructs or provides a hunter education course shall execute and have on file a cooperative agreement with the department. It shall be the responsibility of the state hunter education program manager or his designee to develop and execute such agreements. A list of approved course providers and hunter education courses shall be kept by the department and made available to the public. Such list does not constitute any endorsement of any course or course provider by the department or the board.¹ B. As of January 1, 2016, hunter education courses offered through the Internet and accepted by the department shall: 1. Meet the International Hunter Education Association-USA Education Standards, May 2, 2014, set by the IHEA-USA for course content; and² 2. Be provided only by an approved course provider that has executed a valid cooperative agreement with the department. Such agreements may be amended at any time by the department and may be canceled with 30 days notice upon failure of the course provider to comply with the terms and conditions of the agreement or its amendments.³ C. Any material or product to be used by an approved course provider that makes reference to the department must be approved by the department through the hunter education program manager or his designee before being published or distributed to the public.⁴ D. Any fees charged by a course provider are set by the course provider, but must be clearly communicated to the student prior to the student taking the course. There will be no fees for Virginia hunter education courses provided by the department.⁵

Provision-Level Authorization Analysis

Provision 1

"A. To be an approved course provider, any individual, business, or organization ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and education. This broad grant of authority encompasses the regulation's requirement for course providers to execute cooperative agreements, as it falls within the Board's mandate to regulate activities associated with hunting and education. The legal significance of this authorization relationship is that it allows for flexibility in implementing educational standards and oversight necessary for effective wildlife management and hunter safety initiatives.

Provision 2

"B. As of January 1, 2016, hunter education courses offered through the Internet ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and education. This broad grant of authority encompasses the regulation by allowing the Board to establish standards for hunter education courses, which are essential for ensuring safe and responsible hunting practices. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that support the overarching goals of wildlife conservation and public safety without requiring further legislative approval for each specific regulation.

Provision 3

"2. Be provided only by an approved course provider that has executed a valid coo..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the capture and possession of wild animals. This broad grant of authority allows the Board to establish specific requirements for course providers, as these regulations are necessary to ensure compliance with the overarching goals of wildlife management and conservation. The legal significance of this authorization relationship is that it enables the Board to effectively implement and enforce regulations that support the sustainable management of wildlife resources, reflecting the intent of the statute to provide comprehensive oversight.

Provision 4

"C. Any material or product to be used by an approved course provider that makes ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation requiring approval of materials or products that reference the department, as it falls within the Board's responsibility to ensure that all educational materials align with the established regulations governing wildlife management. The legal significance of this authorization relationship is that it allows for flexibility in the implementation of regulations, ensuring that the Board can oversee and maintain the integrity of educational content related to hunting and wildlife, thereby supporting effective management and conservation efforts.

Provision 5

"D. Any fees charged by a course provider are set by the course provider, but mus..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning fees charged by course providers, as it falls within the Board's responsibility to regulate activities associated with hunting education and training, ensuring clarity and transparency for students. The legal significance of this authorization relationship is that it allows the Board to establish necessary operational guidelines while maintaining oversight of educational programs related to hunting, thereby promoting effective management of wildlife resources.

Game: Hunter Education

4VAC15-275-50

Express

General

Overreach

Unauthorized

Requirements

A. The department shall provide classroom-based hunter education courses across the Commonwealth on a schedule determined by the department.¹ B. The department shall coordinate with approved course providers of Internet-based courses so that courses developed and offered in accordance with this chapter are available.²

Provision-Level Authorization Analysis

Provision 1

"A. The department shall provide classroom-based hunter education courses across ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation regarding classroom-based hunter education courses, as such education is essential for promoting safe and responsible practices in hunting, which aligns with the overarching goals of wildlife management and conservation outlined in the statute. The legal significance of this authorization relationship is that it allows the Board to implement necessary educational programs without needing further specific legislative approval, thereby facilitating effective regulation and oversight of hunting activities.

Provision 2

"B. The department shall coordinate with approved course providers of Internet-ba..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and birds. This broad grant of authority allows for the development of regulations that facilitate educational initiatives, such as coordinating with course providers for Internet-based courses, which supports the overall regulatory framework for wildlife management. The legal significance of this relationship is that it empowers the Board to implement necessary measures that enhance public understanding and compliance with wildlife regulations, thereby promoting effective management and conservation efforts.

Game: Hunter Education

4VAC15-275-60

Express

General

Overreach

Unauthorized

Requirements

A. Upon successful completion of an online hunter education course, the approved course provider shall provide the student with a course certificate or wallet-size card. At a minimum, such certificate or card shall include the student's name and date of birth, the issuance date, the name of the course, and an indication of acceptance by the department. On a schedule and in a manner mutually agreed to through a cooperative agreement, each approved online course provider shall provide to the department a copy of the record of those students issued a course certificate or wallet-size card. Upon request by the student and subject to verification of successful course completion, it shall be the responsibility of each approved online course provider to issue a duplicate certificate or card.¹ B. Upon successful completion of the Virginia hunter education classroom-based course, the department shall issue a completion certificate or card, which shall include the person's name, date of birth, and the issuance date. Upon request by the person to whom the certificate or card was originally issued and subject to verification of successful completion, the department shall issue a duplicate certificate or card in accordance with its policy.²

Provision-Level Authorization Analysis

Provision 1

"A. Upon successful completion of an online hunter education course, the approved..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and education. This broad grant of authority encompasses the regulation concerning the issuance of certificates for successful completion of hunter education courses, as it directly relates to the management and regulation of hunting practices. The legal significance of this authorization relationship is that it allows the Board to implement necessary educational requirements to ensure safe and responsible hunting, thereby fulfilling its statutory mandate to regulate wildlife activities effectively.

Provision 2

"B. Upon successful completion of the Virginia hunter education classroom-based c..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild birds and animals. This broad grant of authority allows for the establishment of regulations that support the overall framework of wildlife management, including the issuance of hunter education certificates, which are essential for ensuring responsible hunting practices. The legal significance of this relationship is that it empowers the Board to create necessary regulations that facilitate compliance with wildlife laws, thereby promoting conservation and public safety without the need for specific legislative approval for each regulation.

Game: Hunter Education

4VAC15-275-70

Express

General

Overreach

Unauthorized

Requirements

A. The department shall maintain a database of all students successfully completing the department's classroom-based or online hunter education course. Such database shall include, but not be limited to, student name, address, date of birth, course or other compliance format approved by the department, and the specific name of the course.¹ B. Each approved course provider for hunter education courses offered over the Internet or through an electronic format shall maintain a database of all students successfully completing such course. The database shall include, but not be limited to, student name, address, date of birth, course completion date, and the specific name of the course. On a schedule and in a manner mutually agreed to through a cooperative agreement, each approved course provider shall provide to the department a copy of the record of those students who successfully complete its course. Such record shall include the database information referenced in this section. It shall be the responsibility of each approved course provider to ensure that reasonable measures, such as the Payment Card Industry (PCI) data security measures, are taken to protect any acquired student data. Further, such data shall not be sold or otherwise used in any way except for the student's own completion of a hunter education course and issuance of course completion documents.²

Provision-Level Authorization Analysis

Provision 1

"A. The department shall maintain a database of all students successfully complet..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide courses in hunter safety, designate instructors, and promulgate rules and regulations for administration and enforcement. This broad grant of authority allows the Department to establish a database for tracking student completion of the courses, as it falls within the scope of administering the hunter education program and ensuring compliance with the statutory requirements. The legal significance of this authorization relationship is that it empowers the Department to implement necessary administrative functions, such as maintaining student records, which are essential for effective oversight and enforcement of the hunter safety instruction mandate.

Provision 2

"B. Each approved course provider for hunter education courses offered over the I..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide instruction in hunter safety and to designate competent instructors, while also empowering the Board to promulgate rules and regulations for administering these provisions. This broad grant of authority allows for the establishment of necessary operational procedures, such as maintaining a database of students who complete hunter education courses, which is essential for tracking and verifying compliance with the instructional requirements. The legal significance of this authorization relationship is that it enables the Department and the Board to implement detailed regulations that support the overarching goals of safety and education in hunting, ensuring effective administration without requiring specific legislative approval for each operational detail.

Game: Hunter Education

4VAC15-275-80

Express

General

Overreach

Unauthorized

Requirements

A. The department may designate as a hunter instructor any person found by it to be competent to give instruction in the courses required.¹ B. Volunteer instructors are designated to work on a voluntary basis and at the pleasure of the Department of Wildlife Resources.² C. To be certified as a hunter education course instructor for the department's hunter education program, a person shall (i) have successfully completed a hunter education course and (ii) be certified as an instructor by the department or by a certification program accepted by the department.³ D. Applicants for certified instructor shall submit an application to the department on a form and in a manner determined by the hunter education program manager. At a minimum, the application shall include: 1. The applicant's name;⁴ 2. The applicant's street address;⁵ 3. The applicant's telephone number;⁶ 4. The applicant's email address, if any;⁷ 5. Information describing the applicant's experience and training in hunter and hunting and proof of completion of a hunter education course that is accepted by the department; and⁸ 6. Any other information deemed necessary after review of the initial application.⁹ E. Applicants may be required to submit written consent for a criminal history background check in a manner determined by the department or an interview in a manner determined by the department and in accordance with state policy.¹⁰

Provision-Level Authorization Analysis

Provision 1

"A. The department may designate as a hunter instructor any person found by it to..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation because it allows the Board to establish necessary guidelines for activities related to hunting, which includes the designation of competent individuals to instruct others in these activities. The legal significance of this authorization relationship is that it enables the Board to ensure that hunting practices are conducted safely and effectively through the establishment of qualified instructors, thereby promoting responsible wildlife management.

Provision 2

"B. Volunteer instructors are designated to work on a voluntary basis and at the ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild animals and birds. This broad grant of authority allows for the establishment of regulations that facilitate the effective management and education regarding wildlife, which encompasses the designation of volunteer instructors to support these efforts. The legal significance of this authorization relationship is that it enables the Board to implement necessary operational measures, such as utilizing volunteer instructors, to fulfill its statutory mandate without requiring a more restrictive authorization level.

Provision 3

"C. To be certified as a hunter education course instructor for the department's ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the certification of hunter education course instructors, as it relates to the overarching goal of ensuring safe and regulated hunting practices. The legal significance of this authorization relationship is that it allows the Board to establish necessary qualifications for instructors, thereby enhancing the effectiveness of the hunter education program under its regulatory framework.

Provision 4

"D. Applicants for certified instructor shall submit an application to the depart..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad language allows for the establishment of procedures, such as the application process for certified instructors, which falls under the Board's regulatory scope to ensure proper management and education concerning wildlife. The legal significance of this authorization relationship is that it enables the Board to implement necessary operational details, like application requirements, without needing further legislative approval, thereby facilitating effective wildlife management and education.

Provision 5

"2. The applicant's street address;"

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad grant of authority allows the Board to establish necessary procedural requirements, such as collecting an applicant's street address, which is essential for managing permits and ensuring compliance with wildlife regulations. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations under the general framework established by the statute, thereby facilitating effective wildlife management and regulation enforcement.

Provision 6

"3. The applicant's telephone number;"

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking, possession, and transportation of wild birds and animals. This broad grant of authority allows the Board to establish necessary procedural requirements, such as collecting an applicant's telephone number, which is essential for communication and enforcement purposes. The legal significance of this relationship is that it enables the Board to implement detailed regulations under the general framework provided by the statute, ensuring effective management of wildlife resources.

Provision 7

"4. The applicant's email address, if any;"

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad language allows for the creation of regulations that facilitate the administrative processes necessary for managing wildlife, such as collecting applicant information, which is reflected in the requirement for an email address. The legal significance of this authorization relationship is that it empowers the Board to implement detailed administrative procedures under the umbrella of its general authority, ensuring effective regulation of wildlife activities.

Provision 8

"5. Information describing the applicant's experience and training in hunter and ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting and the necessary qualifications for hunters. This broad grant of authority encompasses the regulation requiring information on an applicant's experience and proof of hunter education, as it directly relates to the Board's responsibility to ensure safe and responsible hunting practices. The legal significance of this authorization relationship is that it allows the Board to establish necessary qualifications for hunters, thereby promoting public safety and conservation efforts under the umbrella of its regulatory powers.

Provision 9

"6. Any other information deemed necessary after review of the initial applicatio..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to include provisions that require additional information deemed necessary after reviewing applications, thereby encompassing a wide range of regulatory needs under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to adapt regulations flexibly to ensure effective management and conservation of wildlife resources.

Provision 10

"E. Applicants may be required to submit written consent for a criminal history b..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, animals, and inland water fish. This broad grant of authority encompasses the regulation requiring applicants to submit consent for a criminal history background check, as it relates to the management and oversight of activities involving wildlife, ensuring that individuals engaged in these activities meet certain standards. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to protect wildlife and public safety, reflecting the need for comprehensive regulatory oversight in the context of wildlife management.

Game: Hunter Education

4VAC15-275-90

Express

General

Overreach

Unauthorized

Requirements

A. The department may issue an optional long-lasting and durable Virginia Hunter Education Card to persons who can show that they have met the minimum standard of hunter education course competency pursuant to § 29.1-300.2 of the Code of Virginia.¹ B. Upon receipt by the applicant, the optional Virginia Hunter Education Card will serve in lieu of any other certificates or cards that have been issued to the bearer as a result of meeting the minimum standards for hunter education course competency. As such, the Virginia Hunter Education Card will not be transferable or revocable and will have no expiration date.² C. A person may apply for a replacement Virginia Hunter Education Card. A replacement card may be issued if (i) the original card is lost, stolen, or destroyed; (ii) misinformation is printed on the card; or (iii) if the bearer has legally changed his name. Supporting documentation may be required.³

Provision-Level Authorization Analysis

Provision 1

"A. The department may issue an optional long-lasting and durable Virginia Hunter..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide instruction in hunter safety and to designate competent instructors, while also empowering the Board to prescribe necessary skills and knowledge for these instructors. This broad grant of authority allows the Department to implement a regulation that establishes a mechanism for issuing a Virginia Hunter Education Card to individuals who demonstrate competency, as it falls within the scope of administering and enforcing the provisions related to hunter safety education. The legal significance of this authorization relationship is that it enables the Department to create specific regulations that operationalize the statutory mandate, ensuring compliance with the established standards for hunter education.

Provision 2

"B. Upon receipt by the applicant, the optional Virginia Hunter Education Card wi..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide courses in hunter safety and to designate competent instructors, while also empowering the Board to establish necessary rules and regulations for enforcement. This broad grant of authority allows the regulation to establish the Virginia Hunter Education Card as a valid certification, as it falls within the scope of administering the hunter safety instruction and ensuring compliance with the established standards. The legal significance of this authorization relationship is that it enables the Department and the Board to implement and enforce educational standards and certifications effectively, ensuring a consistent approach to hunter safety and conservation education.

Provision 3

"C. A person may apply for a replacement Virginia Hunter Education Card. A replac..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide instruction in hunter safety and to designate instructors, while also allowing the Board to promulgate rules and regulations for administering and enforcing related provisions. This broad grant of authority encompasses the regulation regarding the issuance of replacement Virginia Hunter Education Cards, as it falls within the Department's responsibility to manage the certification and documentation of hunter safety education. The legal significance of this authorization relationship is that it enables the Department to implement necessary administrative procedures, such as issuing replacement cards, to ensure the effective enforcement of hunter safety education requirements.

Game: Hunter Education

4VAC15-275-100

Express

General

Overreach

Unauthorized

Requirements

A. Pursuant to § 29.1-300.3 of the Code of Virginia, no fee shall be charged for the instructor's service.¹ B. Fees charged by an approved online course provider for hunter education courses other than the department's course are set by the course provider, but must be clearly communicated to the student prior to the student taking the course.² C. The fee for issuance of an optional Virginia Hunter Education Card, which will serve in lieu of a previously obtained hunter education course certificate or card, or a replacement Virginia Hunter Education Card shall be $10.³

Provision-Level Authorization Analysis

Provision 1

"A. Pursuant to § 29.1-300.3 of the Code of Virginia, no fee shall be charged for..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide courses in hunter safety and to designate competent instructors, while also empowering the Board to prescribe necessary skills and knowledge for these instructors and to promulgate rules for enforcement. This broad grant of authority allows the regulation, which states that no fee shall be charged for the instructor's service, to fall under GENERAL_DELEGATION, as it directly relates to the administration and enforcement of the statutory provisions regarding hunter safety instruction. The legal significance of this authorization relationship is that it ensures the Department can implement policies that facilitate access to hunter safety education without imposing financial barriers, thereby promoting public safety and conservation principles.

CROSS-REFERENCE § 29.1-300.3

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 3. Licenses › Article 1. Hunting, Trapping and Fishing Licenses › § 29.1-300.3. Program fees No fee shall be charged for the instructor's service; however, a fee to cover the cost of giving such instruction may be charged each person parti...

Provision 2

"B. Fees charged by an approved online course provider for hunter education cours..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide for a course of instruction in hunter safety and to designate competent instructors, while also empowering the Board to promulgate rules and regulations for administering and enforcing related provisions. This broad grant of authority allows the regulation concerning fees charged by approved online course providers to fall under GENERAL_DELEGATION, as it pertains to the administration of hunter education courses and ensures that students are informed about costs associated with these courses. The legal significance of this authorization relationship is that it enables the Department and the Board to effectively manage and oversee the delivery of hunter safety education, ensuring compliance with statutory requirements while allowing flexibility in implementation.

CROSS-REFERENCE § 29.1-300.3

Provision 3

"C. The fee for issuance of an optional Virginia Hunter Education Card, which wil..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide instruction in hunter safety and to designate competent instructors, while also empowering the Board to prescribe necessary skills and knowledge for these instructors and to promulgate rules and regulations for enforcement. This broad grant of authority allows the Board to establish regulations, such as the fee for the issuance of the Virginia Hunter Education Card, as it falls within the scope of administering the hunter safety instruction framework outlined in the statute. The legal significance of this authorization relationship is that it enables the Board to implement necessary operational details, like fees, to effectively manage and promote hunter education without requiring further specific legislative approval.

CROSS-REFERENCE § 29.1-300.3

Game: Hunter Education

4VAC15-275-110

Express

General

Overreach

Unauthorized

Requirements

Unless otherwise specified, any person who violates any of the provisions of this chapter shall be guilty of a Class 3 misdemeanor.¹

Provision-Level Authorization Analysis

Provision 1

"Unless otherwise specified, any person who violates any of the provisions of thi..."

General Delegation

AUTHORIZING STATUTE § 29.1-300.2

ANALYSIS

§ 29.1-300.2 specifically grants the Department the authority to provide instruction in hunter safety and to designate competent instructors, while also empowering the Board to promulgate rules and regulations for administering and enforcing these provisions. This broad grant of authority allows the regulation to establish penalties for violations, as it falls within the scope of the Board's responsibility to enforce the statutory requirements related to hunter safety and conservation. The legal significance of this authorization relationship is that it ensures compliance with the established standards and promotes accountability among individuals participating in the regulated activities.

Game: Pelts and Furs

4VAC15-280-10

Express

General

Overreach

Unauthorized

Requirements

To legally possess furs purchased out of state prior to the open season therefor in this Commonwealth, the purchaser must have a fixed place of business, receive all such furs from out of state in a container showing the number, kind of hides of fur-bearing animals and the name of the shipper and the place of origin, notify the department of the arrival at this fixed place of business for inspection before opening, and submit a weekly report to the department of all purchases prior to the open season in this Commonwealth.¹

Provision-Level Authorization Analysis

Provision 1

"To legally possess furs purchased out of state prior to the open season therefor..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the possession and transportation of wild animals and their parts. This broad grant of authority allows the regulation to establish specific requirements for the possession of furs, as it falls within the general framework of managing the taking and possession of wildlife resources. The legal significance of this authorization relationship is that it enables the Board to implement detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory provisions.

Game: Pelts and Furs

4VAC15-280-20

Express

General

Overreach

Unauthorized

Requirements

Fur farming; authority to breed and raise fur-bearing animals.¹ A holder of a permit to breed fur-bearing animals, as provided for in § 29.1-417 of the Code of Virginia may breed and raise fur-bearing animals in captivity and sell and ship the same alive or dead, including the carcasses and furs of them.²

Provision-Level Authorization Analysis

Provision 1

"Fur farming; authority to breed and raise fur-bearing animals."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses activities related to the management and regulation of wildlife, which includes the breeding and raising of fur-bearing animals as part of wildlife management practices, thus resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement regulations that effectively manage and control the breeding and farming of fur-bearing animals under the umbrella of wildlife regulation, ensuring compliance with broader conservation and management goals.

CROSS-REFERENCE § 29.1-417

Provision 2

"A holder of a permit to breed fur-bearing animals, as provided for in § 29.1-417..."

Express Delegation

AUTHORIZING STATUTE § 29.1-417

ANALYSIS

§ 29.1-417 specifically grants the Board the authority to establish permits for capturing, holding, propagating, and disposing of wildlife, as well as to set standards for the possession and display of wildlife for educational purposes. This results in EXPRESS DELEGATION because the regulation directly derives from the Board's explicit authority to create permits for breeding and selling wildlife, including fur-bearing animals, as outlined in the statute. The legal significance of this authorization relationship is that it ensures the regulation is firmly grounded in the statutory framework, thereby providing the Board with the necessary legal backing to enforce and administer the activities related to fur-bearing animals.

CROSS-REFERENCE § 29.1-417

Game: Pelts and Furs

4VAC15-280-30

Express

General

Overreach

Unauthorized

Requirements

Fur farming; records.¹ A holder of a permit to breed fur-bearing animals shall keep a record of the number of animals raised or acquired, and the number of animals, furs or carcasses sold or disposed of.² The permittee shall provide reports to the agency at an interval specified on the permit.³

Provision-Level Authorization Analysis

Provision 1

"Fur farming; records."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including fur farming and the associated record-keeping requirements, thereby justifying the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to effectively manage and regulate activities related to wildlife, ensuring compliance and oversight without needing to seek further specific legislative approval for each regulation.

Provision 2

"A holder of a permit to breed fur-bearing animals shall keep a record of the num..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation requiring permit holders to maintain records of fur-bearing animals, as it relates to the possession and sale of these animals and their products. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to manage and monitor the activities related to wildlife, ensuring compliance and conservation efforts under the general delegation of authority.

Provision 3

"The permittee shall provide reports to the agency at an interval specified on th..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority allows for the establishment of requirements, such as the need for permittees to provide reports, as it falls within the scope of managing and monitoring wildlife activities. The legal significance of this authorization relationship is that it empowers the agency to implement necessary oversight measures to ensure compliance with wildlife regulations, thereby supporting effective conservation efforts.

Game: Pelts and Furs

4VAC15-280-40

Express

General

Overreach

Unauthorized

Requirements

Fur farming; labeling packages.¹ Packages containing animals or carcasses thereof raised under a permit to breed fur-bearing animals shall show the name and address of the breeders and the contents of the package.²

Provision-Level Authorization Analysis

Provision 1

"Fur farming; labeling packages."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including fur farming and the labeling of related products, which aligns with the Board's responsibility to regulate all facets of wildlife interaction. The legal significance of this authorization relationship is that it allows the Board to implement comprehensive regulations that ensure proper management and oversight of wildlife resources, reflecting the intent of the statute to provide for the sustainable use and conservation of these species.

Provision 2

"Packages containing animals or carcasses thereof raised under a permit to breed ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities and allows for the establishment of regulations that ensure proper identification and tracking of animals, including those raised under specific permits, thereby justifying the need for GENERAL_DELEGATION. The legal significance of this authorization relationship is that it enables the Board to effectively manage and regulate wildlife-related activities while ensuring compliance with statutory requirements.

Game: Pelts and Furs

4VAC15-280-50

Express

General

Overreach

Unauthorized

Requirements

Fur farming; confinement of animals; inspection.¹ Animals confined under a permit to breed fur-bearing animals shall be confined in sanitary escape-proof enclosures and shall be open to inspection by representatives of the department at all times.²

Provision-Level Authorization Analysis

Provision 1

"Fur farming; confinement of animals; inspection."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to regulate various aspects of fur farming, including the confinement of animals and inspection protocols, which fall under the general scope of animal welfare and management. The legal significance of this relationship is that it empowers the board to implement comprehensive regulations that ensure the proper oversight and humane treatment of animals in fur farming, reflecting the legislative intent to regulate this industry effectively.

Provision 2

"Animals confined under a permit to breed fur-bearing animals shall be confined i..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the confinement of fur-bearing animals, as it pertains to the possession and care of these animals, ensuring their welfare and compliance with wildlife management standards. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations that ensure the responsible management and oversight of wildlife, reflecting the intent of the statute to regulate various aspects of wildlife handling comprehensively.

Game: Permits

4VAC15-290-20

Express

General

Overreach

Unauthorized

Requirements

Holders of permits issued under § 29.1-418 of the Code of Virginia to collect specimens of wild birds and their nests, with the eggs or young found therein, for scientific or museum purposes, shall report to the department on January 1 of each year the number of each species taken and the purpose for which collected.¹

Provision-Level Authorization Analysis

Provision 1

"Holders of permits issued under § 29.1-418 of the Code of Virginia to collect sp..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation requiring permit holders to report on the collection of wild birds and their nests, as it pertains to the taking and possession of these species for scientific purposes. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to manage wildlife resources effectively while ensuring compliance with the statutory framework.

ADDITIONAL AUTHORITY § 29.1-418

Game: Permits

4VAC15-290-30

Express

General

Overreach

Unauthorized

Requirements

Breeding game birds for propagation and stocking; records.¹ Holders of permits issued under § 29.1-417 of the Code of Virginia to breed and rear captive bred game birds and to sell and ship them alive for propagation or stocking or to kill, sell and ship the same for use as food shall keep a record showing the number of each species on hand, the number raised or acquired and the number sold.²

Provision-Level Authorization Analysis

Provision 1

"Breeding game birds for propagation and stocking; records."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the breeding of game birds for propagation and stocking, as it relates to the management and conservation of wildlife resources. The legal significance of this relationship is that it allows the Board to implement necessary measures for wildlife propagation and management under a general delegation of authority, ensuring effective regulation within the scope of the statute.

CROSS-REFERENCE § 29.1-417

Provision 2

"Holders of permits issued under § 29.1-417 of the Code of Virginia to breed and ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wild birds, wild animals, and inland water fish, including their hunting, taking, and possession. This broad grant of authority encompasses the regulation requiring permit holders to maintain records of captive bred game birds, as it falls within the Board's purview to regulate the capture, sale, and transportation of these species. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations necessary for effective management and oversight of wildlife resources, ensuring compliance with broader statutory mandates.

CROSS-REFERENCE § 29.1-417

Game: Permits

4VAC15-290-40

Express

General

Overreach

Unauthorized

Requirements

Breeding game birds for propagation and stocking; labeling packages.¹ Packages containing captive bred game birds raised under a permit for propagation purposes shall bear labels showing the name and address of the breeder and the contents of the package.²

Provision-Level Authorization Analysis

Provision 1

"Breeding game birds for propagation and stocking; labeling packages."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses activities such as breeding game birds for propagation and stocking, as it relates to the management and regulation of wildlife populations and their sustainable use. The legal significance of this authorization relationship is that it allows the Board to implement regulations that ensure the conservation and responsible management of wildlife resources, reflecting the intent of the statute to provide comprehensive oversight in these areas.

Provision 2

"Packages containing captive bred game birds raised under a permit for propagatio..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation requiring labels on packages containing captive bred game birds, as it pertains to the possession and sale of these birds, thereby justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure compliance and proper management of wildlife resources under its jurisdiction.

Game: Permits

4VAC15-290-50

Express

General

Overreach

Unauthorized

Requirements

Breeding game birds and game animals for propagation and stocking; confinement; inspection.¹ Birds and animals raised under a permit for propagation purposes must be confined in a sanitary escape-proof enclosure.² Such enclosure shall be open to inspection by representatives of the department at all times.³

Provision-Level Authorization Analysis

Provision 1

"Breeding game birds and game animals for propagation and stocking; confinement; ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses activities such as breeding game birds and game animals for propagation and stocking, as these activities directly relate to the management and regulation of wildlife populations. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure sustainable practices in wildlife management without needing to seek further legislative approval for each specific regulation.

Provision 2

"Birds and animals raised under a permit for propagation purposes must be confine..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds and animals. This broad language encompasses the regulation concerning the confinement of birds and animals raised under a permit for propagation purposes, as it falls within the scope of managing the possession and care of wildlife. The legal significance of this authorization relationship is that it allows the Board to establish necessary standards for the humane treatment and control of wildlife, thereby ensuring compliance with the overarching statutory framework.

Provision 3

"Such enclosure shall be open to inspection by representatives of the department ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish regulations that ensure compliance and oversight, such as requiring enclosures to be open for inspection, thereby promoting effective management of wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations that support the overarching goals of wildlife conservation and regulation, reflecting a general delegation of authority to manage these activities.

Game: Permits

4VAC15-290-60

Express

General

Overreach

Unauthorized

Requirements

A. Where an exhibit is educational and purposeful in nature, wild animals may be exhibited with a permit provided for in § 29.1-417 of the Code of Virginia, under such restrictions and conditions as the board may prescribe.¹ B. Elementary or secondary school teachers may possess and display wildlife for educational purposes without a permit to exhibit wildlife, provided that: 1. Notification of the display is made to the department by mail to Permits Section, VDGIF, P.O. Box 3337, Henrico, VA 23228‑3337. This notification shall be made within 48 hours of the beginning of the display, shall be updated any time that additional wildlife is added to the display, and shall include: a. Number and species of wildlife held for display; b. Physical address of the location of the display; and c. Duration for which the display is intended to be maintained.² 2. Species allowed to be possessed and displayed pursuant to this subsection shall be limited to those species included in the List of Native and Naturalized Fauna of Virginia, which is incorporated by reference in 4VAC15-20 . In addition, in no case shall the following species be possessed and displayed without a permit to exhibit wildlife: a. Those species included on the list contained in 4VAC15-30-40 , whether of native or exotic origin. b. Fur-bearing animals as defined in § 29.1-100 of the Code of Virginia. c. Those species defined as nonnative or exotic animals pursuant to 4VAC15-20-50 . d. Migratory birds protected by the federal Migratory Bird Treaty Act (16 USC §§ 703‑711). e. Federal and state threatened and endangered species pursuant to 4VAC15-20-130 . f. Nuisance species designated by § 29.1-100 of the Code of Virginia or 4VAC15-20-160 , or nonindigenous aquatic nuisance species designated by § 29.1-571 of the Code of Virginia or 4VAC15-20-210 . g. Predatory or undesirable animals or birds for which a permit is required by 4VAC15-30-20 .³ 3. Any person bitten by mammalian wildlife must report the injury to the local health department. The offending animal must be segregated and housed separately from other animals and humans until the health department is notified.⁴ 4. Wildlife must be confined under sanitary and humane conditions that are appropriate for the species in captivity. All cages and enclosures shall be locked at all times when wildlife is not under the immediate control or direct supervision of the handler to prevent wildlife escape and unauthorized contact with individuals.⁵ 5. No wildlife held, possessed, or displayed may be released for any purpose without the written authorization of the department.⁶ 6. The department shall be notified within 24 hours of an instance of wildlife sickness or disease or in the event of an escape.⁷ 7. Teachers possessing and displaying wildlife for educational purposes in accordance with this section shall comply with all other local, state, and federal laws and regulations pertaining to species possessed and displayed.⁸

Provision-Level Authorization Analysis

Provision 1

"A. Where an exhibit is educational and purposeful in nature, wild animals may be..."

Express Delegation

AUTHORIZING STATUTE § 29.1-417

ANALYSIS

§ 29.1-417 specifically grants the Board the authority to establish permits for capturing, holding, propagating, and disposing of wildlife, as well as setting standards for the possession and display of wildlife for educational purposes. This results in EXPRESS DELEGATION because the regulation directly implements the statutory authority by allowing the exhibition of wild animals for educational purposes under the conditions prescribed by the Board, which is explicitly authorized in the statute. The legal significance of this authorization relationship is that it empowers the Board to regulate wildlife exhibitions in a manner that aligns with the legislative intent to promote education while ensuring the proper management of wildlife resources.

CROSS-REFERENCE § 29.1-417

DEFINITION § 29.1-100

DEFINITION § 29.1-571

Provision 2

"B. Elementary or secondary school teachers may possess and display wildlife for ..."

General Delegation

AUTHORIZING STATUTE § 29.1-417

ANALYSIS

§ 29.1-417 specifically grants the Board the authority to establish standards for the possession and display of wildlife by elementary or secondary school teachers for educational purposes. This broad grant of authority allows the Board to create regulations that facilitate educational activities without requiring a permit, as long as the teachers notify the department, which aligns with the statute's intent to promote educational use of wildlife. The legal significance of this authorization relationship is that it empowers the Board to implement flexible regulations that support educational initiatives while ensuring oversight through notification, thus reflecting a general delegation of authority.

CROSS-REFERENCE § 29.1-417

DEFINITION § 29.1-100

DEFINITION § 29.1-571

Provision 3

"2. Species allowed to be possessed and displayed pursuant to this subsection sha..."

General Delegation

AUTHORIZING STATUTE § 29.1-417

ANALYSIS

§ 29.1-417 specifically grants the Board the authority to establish permits for capturing, holding, propagating, and disposing of wildlife, as well as to set standards for the possession and display of wildlife for educational purposes. This broad grant of authority allows the Board to regulate the specific species that can be possessed and displayed, as outlined in the regulation, thereby falling under the umbrella of the Board's established standards without needing further specific legislative approval. The legal significance of this authorization relationship is that it empowers the Board to effectively manage wildlife resources and educational activities while ensuring compliance with established guidelines, reflecting a delegation of regulatory authority that is both necessary and appropriate for the Board's functions.

CROSS-REFERENCE § 29.1-417

DEFINITION § 29.1-100

DEFINITION § 29.1-571

Provision 4

"3. Any person bitten by mammalian wildlife must report the injury to the local h..."

General Delegation

AUTHORIZING STATUTE § 29.1-417

ANALYSIS

§ 29.1-417 specifically grants the Board the authority to establish permits for capturing and managing wildlife, as well as to set standards for educational purposes related to wildlife. This broad grant of authority allows the Board to implement regulations that ensure public health and safety, such as requiring reporting of injuries from mammalian wildlife, which falls under the general responsibilities of managing wildlife interactions. The legal significance of this relationship is that it empowers the Board to enact necessary regulations to protect public health while managing wildlife, reflecting a comprehensive approach to wildlife management under the general delegation of authority.

CROSS-REFERENCE § 29.1-417

DEFINITION § 29.1-100

DEFINITION § 29.1-571

Provision 5

"4. Wildlife must be confined under sanitary and humane conditions that are appro..."

General Delegation

AUTHORIZING STATUTE § 29.1-417

ANALYSIS

§ 29.1-417 specifically grants the Board the authority to establish permits for capturing, holding, propagating, and disposing of wildlife, as well as to set standards for the possession and display of wildlife for educational purposes. This broad grant of authority allows the Board to create regulations that ensure the humane and sanitary treatment of wildlife, as seen in the regulation's requirement for appropriate confinement and security measures. The legal significance of this relationship is that it enables the Board to implement necessary standards and practices to protect wildlife welfare while fulfilling its statutory mandate, thus justifying the use of GENERAL_DELEGATION.

CROSS-REFERENCE § 29.1-417

DEFINITION § 29.1-100

DEFINITION § 29.1-571

Provision 6

"5. No wildlife held, possessed, or displayed may be released for any purpose wit..."

General Delegation

AUTHORIZING STATUTE § 29.1-417

ANALYSIS

§ 29.1-417 specifically grants the Board the authority to establish permits and standards for the capture, possession, and display of wildlife, allowing for a broad range of activities related to wildlife management. This results in GENERAL_DELEGATION because the regulation requiring written authorization for the release of wildlife falls within the Board's broad authority to regulate and oversee the management of wildlife activities, ensuring that such actions are controlled and monitored. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to protect wildlife while providing flexibility in managing specific activities under its jurisdiction.

CROSS-REFERENCE § 29.1-417

DEFINITION § 29.1-100

DEFINITION § 29.1-571

Provision 7

"6. The department shall be notified within 24 hours of an instance of wildlife s..."

General Delegation

AUTHORIZING STATUTE § 29.1-417

ANALYSIS

§ 29.1-417 specifically grants the Board the authority to establish permits and standards related to the capture, propagation, and display of wildlife, as well as to set fees sufficient to cover the costs associated with these activities. This broad grant of authority allows the Board to implement regulations that ensure the health and safety of wildlife, including requirements for timely notification of wildlife sickness or disease, which is essential for effective management and oversight. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations that protect wildlife and public interests while maintaining flexibility in its regulatory framework.

CROSS-REFERENCE § 29.1-417

DEFINITION § 29.1-100

DEFINITION § 29.1-571

Provision 8

"7. Teachers possessing and displaying wildlife for educational purposes in accor..."

General Delegation

AUTHORIZING STATUTE § 29.1-417

ANALYSIS

§ 29.1-417 specifically grants the Board the authority to establish permits for capturing, holding, propagating, and disposing of wildlife, as well as to set standards for the possession and display of wildlife by educators. This broad grant of authority allows the Board to implement regulations that ensure compliance with all relevant laws and regulations, as seen in the requirement for teachers to adhere to local, state, and federal laws when displaying wildlife for educational purposes. The legal significance of this authorization relationship is that it empowers the Board to create regulations that effectively manage wildlife activities while ensuring that educational practices align with existing legal frameworks.

CROSS-REFERENCE § 29.1-417

DEFINITION § 29.1-100

DEFINITION § 29.1-571

Game: Permits

4VAC15-290-70

Express

General

Overreach

Unauthorized

Requirements

Stuffing or mounting birds and animals; possession of game legally taken.¹ A holder of a permit to stuff and mount birds and animals or parts of them for compensation or sale, as provided for in § 29.1-415 of the Code of Virginia may have in possession for such purpose only birds and animals which were legally taken.²

Provision-Level Authorization Analysis

Provision 1

"Stuffing or mounting birds and animals; possession of game legally taken."

General Delegation

AUTHORIZING STATUTE § 29.1-415

The Board may promulgate regulations pertaining to the sale of unclaimed or mounted specimens or parts thereof.

ANALYSIS

§ 29.1-415 specifically grants the Board the authority to create regulations related to the sale of unclaimed or mounted specimens or parts thereof. This broad language allows for a wide interpretation that includes the regulation concerning the stuffing or mounting of birds and animals, as it directly pertains to the handling and possession of game, which falls under the category of mounted specimens. The legal significance of this relationship is that it establishes a framework for the Board to regulate practices associated with wildlife management and conservation, ensuring compliance with statutory provisions while allowing for flexibility in implementation.

CROSS-REFERENCE § 29.1-415

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 4. Permits Required › Article 3. Special Permits › § 29.1-415. Taxidermy; sale of specimens The fee for a permit to stuff or mount birds, animals, fish or parts thereof, for compensation or for sale shall be forty dollars per year. The Boa...

Provision 2

"A holder of a permit to stuff and mount birds and animals or parts of them for c..."

General Delegation

AUTHORIZING STATUTE § 29.1-415

The Board may promulgate regulations pertaining to the sale of unclaimed or mounted specimens or parts thereof.

ANALYSIS

§ 29.1-415 specifically grants the Board the authority to promulgate regulations related to the sale of unclaimed or mounted specimens or parts thereof. This broad language allows the Board to establish necessary guidelines for the possession and sale of legally taken birds and animals, resulting in GENERAL_DELEGATION as it encompasses various operational aspects of the regulation. The legal significance of this relationship is that it empowers the Board to regulate the industry effectively while ensuring compliance with the statutory intent regarding wildlife management and conservation.

CROSS-REFERENCE § 29.1-415

Game: Permits

4VAC15-290-80

Express

General

Overreach

Unauthorized

Requirements

A. A holder of a permit to stuff or mount birds and animals shall keep a complete record of all transactions. Such records shall include the species to be mounted or tanned; the date of receipt; the name, address and telephone number of the person for whom the work is being performed; the name of the person who killed the specimen (if different from above); the hunting license or Virginia driving license number of such person; the county where the specimen was taken or, if taken out-of-state, the state in which it was taken; and the date the completed work was returned to the customer. Such records shall be retained for three years. These records, and the premises where such business is conducted, shall be open to inspection by representatives of the department during normal business hours.¹ B. Upon receipt of any specimen of wildlife, a holder of a permit shall immediately affix to such specimen a tag bearing the designation of the species, the name and address of the customer and the date the specimen was killed. Such tag shall remain affixed to the specimen, except when the specimen is actually in the process of being worked on, until it is delivered to the customer. A numbered tag, with numbers corresponding to the number of the line entry of the records required in subsection A of this section, may be used in lieu of that.²

Provision-Level Authorization Analysis

Provision 1

"A. A holder of a permit to stuff or mount birds and animals shall keep a complet..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to implement regulations that ensure proper record-keeping for permit holders, as it is necessary for the effective management and oversight of wildlife-related activities. The legal significance of this relationship is that it empowers the Board to establish detailed requirements that support the overarching goals of wildlife conservation and regulation, reflecting the need for accountability in the handling of wildlife.

Provision 2

"B. Upon receipt of any specimen of wildlife, a holder of a permit shall immediat..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations as necessary. This broad language provides the Board with the flexibility to implement specific requirements, such as tagging wildlife specimens, to ensure compliance with wildlife management practices. The legal significance of this relationship is that it empowers the Board to regulate wildlife handling effectively, reflecting the intent of the statute to enable comprehensive oversight and management of wildlife resources.

Game: Permits

4VAC15-290-110

Express

General

Overreach

Unauthorized

Requirements

Breeding pheasants; confinement; inspection.¹ Pheasants raised under a permit from the department shall be confined in sanitary escape-proof enclosures, which shall be open to inspection by representatives of the department at all times.²

Provision-Level Authorization Analysis

Provision 1

"Breeding pheasants; confinement; inspection."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the breeding and confinement of specific species, which aligns with the regulation's focus on breeding pheasants and related inspection requirements. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to manage wildlife effectively while ensuring compliance with established standards for breeding and confinement practices.

Provision 2

"Pheasants raised under a permit from the department shall be confined in sanitar..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the confinement and inspection of pheasants raised under a permit, as it relates directly to the possession and management of wild birds. The legal significance of this authorization relationship is that it allows the Board to establish detailed operational standards necessary for the effective regulation of wildlife management, ensuring compliance with the overarching statutory framework.

Game: Permits

4VAC15-290-115

Express

General

Overreach

Unauthorized

Requirements

Field trials; authorized dates.¹ In accordance with § 29.1-422 of the Code of Virginia, permits for field trials with dogs may be authorized by the department during the period between August 1 to May 31, both dates inclusive, under conditions and for the species specified in the permit, except that permits for waterfowl retriever field trials on private lands, foxhound field trials held within foxhound training preserves, and raccoon hound field trials may be authorized by the department at any time.²

Provision-Level Authorization Analysis

Provision 1

"Field trials; authorized dates."

General Delegation

AUTHORIZING STATUTE § 29.1-422

The Board is authorized to grant permits to bona fide field trial clubs and associations to hold field trials with dogs under such regulations it deems proper

ANALYSIS

§ 29.1-422 specifically grants the Board the authority to issue permits to bona fide field trial clubs and associations for holding field trials with dogs, allowing the Board to establish regulations it finds appropriate. This broad language empowers the Board to set specific parameters, such as authorized dates for field trials, under the umbrella of its regulatory authority, resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to exercise discretion in managing field trials while ensuring compliance with the overarching statutory framework.

CROSS-REFERENCE § 29.1-422

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 4. Permits Required › Article 3. Special Permits › § 29.1-422. Permits for field trials The Board is authorized to grant permits to bona fide field trial clubs and associations to hold field trials with dogs under such regulations it deems...

Provision 2

"In accordance with § 29.1-422 of the Code of Virginia, permits for field trials ..."

Express Delegation

AUTHORIZING STATUTE § 29.1-422

The Board is authorized to grant permits to bona fide field trial clubs and associations to hold field trials with dogs under such regulations it deems proper

ANALYSIS

§ 29.1-422 specifically states that "The Board is authorized to grant permits to bona fide field trial clubs and associations to hold field trials with dogs under such regulations it deems proper." This language indicates that the Board has the explicit authority to establish regulations governing the issuance of permits, which directly supports the regulation that permits for field trials may be authorized by the department under specified conditions. The legal significance of this authorization relationship is that it establishes a clear and direct delegation of authority from the statute to the regulation, allowing the department to implement specific permitting processes within the framework set by the Board.

CROSS-REFERENCE § 29.1-422

Game: Permits

4VAC15-290-130

Express

General

Overreach

Unauthorized

Requirements

A permit holder shall comply with all terms and conditions of any permit issued by the Department of Wildlife Resources pursuant to Title 29.1 of the Code of Virginia and the regulations of the board pertaining to hunting, fishing, trapping, taking, attempting to take, possession, sale, offering for sale, transporting or causing to be transported, importing or exporting, propagating, exhibiting, and rehabilitating of any wild bird, wild animal, or fish.¹ The penalty for violation of this section is prescribed by § 29.1-505 of the Code of Virginia.²

Provision-Level Authorization Analysis

Provision 1

"A permit holder shall comply with all terms and conditions of any permit issued ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various activities involving wild birds, wild animals, and inland water fish, including hunting, taking, and possession. This broad grant of authority allows the regulation to encompass compliance with permit conditions, as it falls within the scope of the Board's responsibility to manage and regulate these activities effectively. The legal significance of this authorization relationship is that it enables the Board to establish comprehensive regulations that ensure the sustainable management of wildlife resources while maintaining flexibility in enforcement and compliance mechanisms.

ADDITIONAL AUTHORITY § 29.1-505

Provision 2

"The penalty for violation of this section is prescribed by § 29.1-505 of the Cod..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad grant of authority allows for the establishment of penalties, as indicated in the regulation, which aligns with the Board's responsibility to manage and enforce wildlife laws effectively. The legal significance of this relationship is that it empowers the Board to create comprehensive regulations that ensure the sustainable management of wildlife, while also providing a framework for enforcement through specified penalties.

ADDITIONAL AUTHORITY § 29.1-505

Game: Permits

4VAC15-290-140

Express

General

Overreach

Unauthorized

Requirements

Every person, whether licensed or exempt from being licensed, (i) must be registered with the Virginia Harvest Information Program (HIP) to hunt migratory game birds, including waterfowl, doves, woodcock, snipe, rails, gallinules, moorhens, and coots; (ii) must carry the HIP authorization on his person when hunting; and (iii) shall present it immediately upon demand of any officer whose duty it is to enforce the game and inland fish laws.¹ The penalty for violation of this section is prescribed by § 29.1-505 of the Code of Virginia.²

Provision-Level Authorization Analysis

Provision 1

"Every person, whether licensed or exempt from being licensed, (i) must be regist..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting and taking of wild birds. This broad language encompasses the regulation requiring registration with the Virginia Harvest Information Program for hunting migratory game birds, as it falls within the Board's mandate to regulate the taking and possession of wildlife. The legal significance of this relationship is that it allows the Board to implement necessary measures for wildlife conservation and management without needing to seek further specific legislative approval, thus ensuring effective oversight of hunting practices.

ADDITIONAL AUTHORITY § 29.1-505

CROSS-REFERENCE § 29.2-103

Provision 2

"The penalty for violation of this section is prescribed by § 29.1-505 of the Cod..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad language allows the Board to establish comprehensive regulations, including penalties for violations, which is reflected in the regulation that cites the penalty provision from § 29.1-505. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulatory frameworks necessary for effective wildlife management while ensuring compliance through established penalties.

ADDITIONAL AUTHORITY § 29.1-505

CROSS-REFERENCE § 29.2-103

Game: Permits

4VAC15-290-160

Express

General

Overreach

Unauthorized

Requirements

the purpose of this section, foxes may be live-trapped on private lands with landowner permission or on public lands designated by the department and transported within the Commonwealth, unless otherwise specifically prohibited. Trapping expenses may be reimbursed by the preserve owner as provided in this section; however, in no case shall the direct sale of foxes or payment on a per fox basis be permitted. Except as provided in this section, all trapping shall otherwise comply with laws and regulations governing trapping.¹ 1. The preserve operator may designate in writing no more than 10 licensed trappers from whom foxes may be obtained. Any person convicted of violating any provision of state or federal hunting and trapping laws and regulations shall not be eligible to supply foxes to preserves for at least two years and up to five years following the most recent violation. In determining the appropriate length of restriction, the department shall take into account the nature and severity of the most recent violation and any past violation.² 2. All live-trapped foxes must be taken by legal means and foxes transported or held for release shall be kept in safe, sanitary, and humane conditions with water and food available and with protection from the elements.³ 3. Foxes may be retained for no more than seven days following their capture, and all foxes must be transported to the preserve by the final day of the trapping season. Records shall be maintained by trappers as to the length of time that each fox is retained in their possession and shall be subject to inspection by the department at any time.⁴ 4. A department-issued stocking tag is required for each fox stocked in a preserve. Each year, after 2014, the department shall distribute tags to each permit holder at least 30 days prior to the commencement of the fox trapping season. The number of tags the department issues to a permit holder shall correspond with that permit holder's annual allocation of foxes as determined by the department in accordance with § 29.1-525.2 of the Code of Virginia. Permit holders are not required to utilize all tags issued to them. Unused tags shall not be transferrable to any other preserve. a. A tag must be filled out by the preserve operator prior to transport of each fox to the preserve. The tag number must be provided to the trapper prior to transport of the fox and must be in the possession of the trapper or preserve operator who is delivering the fox to the preserve during transport. Upon receipt of a fox, the preserve operator must (i) provide the trapper with a copy of the completed tag, (ii) retain a copy of the tag, and (iii) mail the completed original tag to the department within seven working days. The permit holder and the trapper must retain their copy of the tag for a period of two years following the end of the permit year. b. Each completed tag shall provide information that includes the species of fox, the name of the trapper, the county where the fox was trapped, the date the fox was trapped, and the date the fox was delivered to the preserve.⁵ E. Failure to comply with the provisions of a permit or the requirements of this section or other applicable wildlife laws or regulations may result in modification, suspension, or revocation of the permit, or denial of a permit application. The department shall not deny a permit to an existing location solely due to recordkeeping failures or other technical violations of the regulations governing foxhound training preserves. Recordkeeping failure does not include a deceptive practice or a deliberate, intentional, or willful failure to perform recordkeeping, in whole or in part. "Technical violation" means a violation of these regulations that is minor and unintended.⁶ F. No permit shall remain valid after July 1, 2054.⁷

Provision-Level Authorization Analysis

Provision 1

"the purpose of this section, foxes may be live-trapped on private lands with lan..."

General Delegation

AUTHORIZING STATUTE § 29.1-525.2

The Department shall continue to issue or renew permits The Department shall adopt regulations by October 1, 2014, to limit the total number of foxes stocked annually The Department shall specify a proportional number of foxes that may be stocked in each permitted preserve The Department shall deny a permit to an existing location if the location voluntarily ceases operation The Department shall not deny a permit to an existing location solely due to recordkeeping failures or other technical violations The Department shall continue to permit the location until any such appeals have been exhausted and the Department's determination upheld

ANALYSIS

§ 29.1-525.2 specifically grants the Department the authority to adopt regulations related to the management and stocking of foxes, including the issuance and renewal of permits. This broad grant of authority allows the Department to regulate activities such as live trapping and transportation of foxes, as outlined in the regulation, under the general framework of managing wildlife populations and preserving ecological balance. The legal significance of this authorization relationship is that it empowers the Department to implement necessary regulations to achieve the objectives set forth in the statute, ensuring effective wildlife management while allowing for flexibility in operational practices.

Provision 2

"1. The preserve operator may designate in writing no more than 10 licensed trapp..."

General Delegation

AUTHORIZING STATUTE § 29.1-525.2

ANALYSIS

§ 29.1-525.2 specifically grants the Department the authority to adopt regulations related to the issuance and renewal of permits, as well as to limit the total number of foxes stocked annually and specify conditions for stocking in permitted preserves. This broad grant of authority allows the Department to establish detailed operational requirements, such as designating licensed trappers and setting eligibility criteria for those supplying foxes, resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Department to implement necessary regulations that ensure compliance with the overarching statutory framework while maintaining flexibility in operational management.

Provision 3

"2. All live-trapped foxes must be taken by legal means and foxes transported or ..."

General Delegation

AUTHORIZING STATUTE § 29.1-525.2

The Department shall continue to issue or renew permits The Department shall adopt regulations by October 1, 2014, to limit the total number of foxes stocked annually in all permitted preserves The Department shall specify a proportional number of foxes that may be stocked in each permitted preserve The Department shall deny a permit to an existing location if the location voluntarily ceases operation of its foxhound training preserve for a period of 12 consecutive months or longer The Department shall not deny a permit to an existing location solely due to recordkeeping failures or other technical violations The Department shall continue to permit the location until any appeals have been exhausted and the Department's determination upheld

ANALYSIS

§ 29.1-525.2 specifically grants the Department the authority to adopt regulations to limit the total number of foxes stocked annually and to specify conditions related to permits. This broad grant of authority encompasses the regulation requiring that all live-trapped foxes be treated humanely, as it falls within the Department's responsibility to ensure the welfare of wildlife and the conditions under which they are managed in permitted preserves. The legal significance of this authorization relationship is that it allows the Department to implement necessary regulations to protect both the animals and the integrity of the foxhound training preserves, thereby ensuring compliance with the overarching statutory mandate.

Provision 4

"3. Foxes may be retained for no more than seven days following their capture, an..."

General Delegation

AUTHORIZING STATUTE § 29.1-525.2

ANALYSIS

§ 29.1-525.2 specifically grants the Department the authority to adopt regulations to limit the total number of foxes stocked annually and to specify conditions related to the management of permits. This broad grant of authority allows the Department to implement regulations concerning the retention and transportation of foxes, as these provisions are necessary for effective management and oversight of the fox population in permitted preserves. The legal significance of this authorization relationship is that it empowers the Department to create detailed operational guidelines that ensure compliance with the overarching goals of wildlife management and conservation as outlined in the statute.

Provision 5

"4. A department-issued stocking tag is required for each fox stocked in a preser..."

General Delegation

AUTHORIZING STATUTE § 29.1-525.2

ANALYSIS

§ 29.1-525.2 specifically grants the Department the authority to adopt regulations to limit the total number of foxes stocked annually and to specify the proportional number of foxes that may be stocked in each permitted preserve. This broad grant of authority allows the Department to implement detailed regulatory measures, such as the requirement for a department-issued stocking tag for each fox, which is necessary for managing the stocking process effectively. The legal significance of this authorization relationship is that it enables the Department to exercise discretion in the regulation of fox stocking while ensuring compliance with the overarching statutory framework.

Provision 6

"E. Failure to comply with the provisions of a permit or the requirements of this..."

General Delegation

AUTHORIZING STATUTE § 29.1-525.2

ANALYSIS

§ 29.1-525.2 specifically grants the Department the authority to adopt regulations to limit the total number of foxes stocked annually and to manage permit issuance and renewal processes. This broad grant of authority allows the Department to establish regulations that include provisions for modifying, suspending, or revoking permits based on compliance with permit conditions and other wildlife laws, which aligns with the statutory intent to regulate fox stocking and preserve operations. The legal significance of this authorization relationship is that it empowers the Department to enforce compliance and maintain oversight of wildlife management practices while ensuring that existing locations are treated fairly in the permitting process.

Provision 7

"F. No permit shall remain valid after July 1, 2054."

General Delegation

AUTHORIZING STATUTE § 29.1-525.2

ANALYSIS

§ 29.1-525.2 specifically grants the Department the authority to issue or renew permits, adopt regulations to limit the number of foxes stocked, and manage the permitting process without denying permits for minor violations. This broad grant of authority allows the Department to establish regulations that set specific timeframes for permit validity, such as the stipulation that no permit shall remain valid after July 1, 2054, which falls within the scope of managing permits and their conditions. The legal significance of this authorization relationship is that it enables the Department to exercise discretion in regulating permits while ensuring compliance with the overarching statutory framework, thus maintaining effective oversight and management of wildlife resources.

Game: Weasel

4VAC15-300-10

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to take weasels from December 1 through the last day of February, both dates inclusive.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to take weasels from December 1 through the last day of Febru..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the lawful taking of weasels during a specified time frame, as it falls under the category of taking and hunting of wild animals. The legal significance of this authorization relationship is that it allows the Board to establish specific hunting seasons and methods, ensuring wildlife management and conservation efforts are effectively implemented within the framework of the statute.

Fish: Fishing Generally

4VAC15-320-10

Express

General

Overreach

Unauthorized

Requirements

Continuous open season for all species except anadromous (coastal) striped bass above the fall line in coastal rivers of the Chesapeake Bay.¹ Except as otherwise specifically provided by sections appearing in this chapter, there shall be a continuous open season for fishing to take all species of fish except anadromous (coastal) striped bass above the fall line in coastal rivers of the Chesapeake Bay, where the open season shall be that set by the Virginia Marine Resources Commission for tidal waters.²

Provision-Level Authorization Analysis

Provision 1

"Continuous open season for all species except anadromous (coastal) striped bass ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning a continuous open season for certain species, as it falls within the realm of managing wildlife and their harvest, which is explicitly mentioned in the statute. The legal significance of this authorization relationship is that it allows the Board to create flexible regulations that adapt to wildlife management needs without requiring specific legislative approval for each change, thereby facilitating effective conservation and resource management.

Provision 2

"Except as otherwise specifically provided by sections appearing in this chapter,..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities concerning fish, including the establishment of open seasons for fishing, which is directly addressed in the regulation. The legal significance of this authorization relationship is that it allows the Board to manage and regulate fish populations effectively while ensuring compliance with the overarching statutory framework.

Fish: Fishing Generally

4VAC15-320-25

Express

General

Overreach

Unauthorized

Requirements

Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals.¹ Importation requirements, possession and sale of nonnative (exotic) animals.²

Provision-Level Authorization Analysis

Provision 1

"Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities, including the importation, possession, and sale of animals, which aligns with the regulation's focus on defining and addressing these aspects. The legal significance of this relationship is that it allows the Board to exercise GENERAL_DELEGATION, enabling it to implement comprehensive regulations that effectively manage wildlife resources within the scope of the authority granted by the statute.

Provision 2

"Importation requirements, possession and sale of nonnative (exotic) animals."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the importation requirements, possession, and sale of nonnative (exotic) animals, as it falls within the general framework of managing wildlife and ensuring ecological balance. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to control and monitor nonnative species, thereby protecting native ecosystems and wildlife management efforts.

Fish: Fishing Generally

4VAC15-320-40

Express

General

Overreach

Unauthorized

Requirements

Bay and sold commercially in accordance with Virginia Marine Resources Commission commercial fishing regulations.¹

Provision-Level Authorization Analysis

Provision 1

"Bay and sold commercially in accordance with Virginia Marine Resources Commissio..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the commercial sale of certain species, as it falls under the category of possession and sale, thereby justifying a GENERAL_DELEGATION of authority. The legal significance of this relationship is that it allows the Board to implement regulations that align with broader statutory objectives without needing to seek further specific legislative approval for each regulation.

Fish: Fishing Generally

4VAC15-320-50

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to use any species of fish as bait in the waters and tributaries of Lick Creek in Smyth and Bland counties, Bear Creek in Smyth County, Laurel Creek in Tazewell and Bland counties, Big Stony Creek in Giles County, Dismal Creek in Bland and Giles Counties, Laurel Creek in Bland County, and Cripple Creek in Smyth and Wythe Counties.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to use any species of fish as bait in the waters and tribut..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to regulate various aspects of wildlife management, including the use of fish as bait in specific waterways, which falls under the general authority to manage the taking and use of inland water fish. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that protect aquatic ecosystems and ensure sustainable fishing practices without requiring specific legislative approval for each regulation.

Fish: Fishing Generally

4VAC15-320-60

Express

General

Overreach

Unauthorized

Requirements

A. It shall be unlawful to stock any species of fish into any inland waters of the Commonwealth without first obtaining written approval to do so from the department. Nothing in this section shall be construed as restricting the use of native and naturalized species of fish in privately-owned ponds and lakes, except spotted bass, blue catfish, and their hybrids may not be stocked.¹ B. The Department of Wildlife Resources (department) shall issue a written stocking authorization within 15 business days of receipt of a completed Virginia Fish Stocking Authorization Form, unless the department determines that granting such authorization may (i) endanger any native or naturalized population of fish; (ii) introduce, enable, or enhance the spread of fish diseases, including parasites; or (iii) establish nonnative or exotic aquatic species where such species may displace, threaten, or endanger native or naturalized species. Where an exception to issuance exists, the application shall be denied.² C. The department shall set an expiration date for each stocking authorization issued, limit the authorization to a specific species of fish, and geographically limit the stocking authorization.³ D. The department is authorized to modify or revoke any stocking authorization where the department discovers any situation listed in subsection B of this section to exist or where otherwise permitted by law or regulation.⁴

Provision-Level Authorization Analysis

Provision 1

"A. It shall be unlawful to stock any species of fish into any inland waters of t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the taking, possession, and transportation of wild animals and fish. This broad grant of authority allows the Board to regulate the stocking of fish in inland waters, as it falls under the management of wildlife resources, thus resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement necessary regulations to protect and manage fish populations and ecosystems within the Commonwealth effectively.

Provision 2

"B. The Department of Wildlife Resources (department) shall issue a written stock..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation because it allows the Board to establish procedures for managing wildlife resources, including the issuance of stocking authorizations, which directly relates to the regulation's focus on the controlled stocking of fish. The legal significance of this authorization relationship is that it enables the Department of Wildlife Resources to implement specific regulatory measures necessary for the conservation and management of wildlife, ensuring that such actions align with the overarching statutory framework.

Provision 3

"C. The department shall set an expiration date for each stocking authorization i..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of specific regulations, such as setting expiration dates and limitations on stocking authorizations, which fall within the general scope of managing wildlife resources. The legal significance of this relationship is that it empowers the agency to implement detailed regulatory measures necessary for the effective oversight and conservation of fish species, while remaining within the framework established by the statute.

Provision 4

"D. The department is authorized to modify or revoke any stocking authorization w..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the department to modify or revoke stocking authorizations as necessary, aligning with the statute's intent to manage wildlife effectively and ensure compliance with regulations. The legal significance of this authorization relationship is that it empowers the department to take necessary actions to protect wildlife resources while remaining within the framework established by the Board's regulatory authority.

Fish: Fishing Generally

4VAC15-320-70

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to fish, attempt to fish, assist others in fishing or collect or attempt to collect bait while wading in any of the waters of the Roanoke River from Leesville Dam downstream a distance of 840 feet to a permanent overhead cable; provided, that this shall not be construed to prohibit persons from fishing from behind the safety railings of the Leesville Access Structure built by the department.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to fish, attempt to fish, assist others in fishing or colle..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation by allowing the Board to establish specific rules regarding fishing practices, such as prohibiting certain activities in designated areas to manage and protect aquatic resources. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure sustainable practices and conservation efforts within the scope of the statutory framework.

Fish: Fishing Generally

4VAC15-320-90

Express

General

Overreach

Unauthorized

Requirements

Code of Virginia shall not be required to fish from national forest lands in the North and South forks of the Shenandoah River, in the James River, in Skidmore Lake in Rockingham County, in Lake Moomaw (Gathright Project), in the Jackson River below Gathright Dam, in North Fork Pound Reservoir, and in Wilson Creek downstream of Douthat Lake in Alleghany and Bath Counties.¹

Provision-Level Authorization Analysis

Provision 1

"Code of Virginia shall not be required to fish from national forest lands in the..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically states that the board has the authority to adopt regulations and amendments to regulations after fulfilling all necessary hearing and notice requirements. This broad grant of authority allows the board to establish specific fishing regulations for various bodies of water, as outlined in the regulation, without needing further legislative approval. The legal significance of this authorization relationship is that it empowers the board to manage and regulate fishing practices effectively within designated areas, ensuring compliance with broader statutory objectives.

EXCEPTION § 29.1-408

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 4. Permits Required › Article 2. National Forests › § 29.1-408. Permit required; exceptions No person shall hunt, fish, or trap on any lands in the national forests in this Commonwealth without first obtaining, in addition to the regular r...

Fish: Fishing Generally

4VAC15-320-100

Express

General

Overreach

Unauthorized

Requirements

A. Motors and boats. Unless otherwise posted at each recognized entrance to any department-owned or department-controlled lake, pond, or stream, the use of boats propelled by a gasoline motor or sail is prohibited. Department employees and other government agency officials may use gasoline motors in the performance of official duties.¹ B. Method of fishing. Taking any fish at any department-owned or department-controlled lake, pond, or stream by any means other than by use of one or more attended poles with hook and line attached is prohibited unless otherwise posted in which case cast nets (subject to 4VAC15-360-10 B) may be used for collecting nongame fish for use as bait.² C. Hours for fishing. Fishing is permitted 24 hours a day unless otherwise posted at each recognized entrance to any department-owned or department-controlled lake, pond, stream, or boat access site.³ D. Seasons; hours and methods of fishing; size and creel limits; hunting and trapping. The open seasons for (i) fishing, as well as fishing hours, methods of taking fish, and the size, possession, and creel limits and (ii) hunting and trapping for department-owned or department-controlled lakes, ponds, streams, or boat access sites shall conform to the regulations of the board unless otherwise excepted by posted rules by the director or his designee. Such posted rules shall be displayed at each lake, pond, stream, or boat access site, in which case the posted rules shall be in effect. Failure to comply with posted rules concerning seasons, hours, methods of taking, bag limits, and size, possession, and creel limits shall constitute a violation of this regulation.⁴ E. Other uses. Camping overnight or building fires (except in developed and designated areas), swimming, or wading in department-owned or department-controlled lakes, ponds, or streams (except by anglers, hunters and trappers actively engaged in fishing, hunting, or trapping), is prohibited. All other uses shall conform to the regulations of the board unless excepted by posted rules.⁵ F. Fishing tournaments, etc. A boat ramp special use permit is required to organize, conduct, supervise, or solicit entries for fishing tournaments, rodeos, or other fishing events on lakes, ponds, or streams owned by the department, for which prizes are offered, awarded, or accepted based on size or numbers of fish caught, either in money or other valuable considerations. Any fish captured and entered for scoring or consideration during a permitted fishing tournament, rodeo, or other fishing event on lakes, ponds, or streams owned by the department must be immediately released at the capture site. A boat ramp special use permit is not required for tournaments, rodeos, or other fishing events that occur on a statewide or nationwide basis and that do not have a designated meeting or gathering location.⁶

Provision-Level Authorization Analysis

Provision 1

"A. Motors and boats. Unless otherwise posted at each recognized entrance to any ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to regulate activities that impact wildlife and their habitats, which includes the regulation of motorized boats on department-controlled waters to ensure the protection of these resources. The legal significance of this authorization relationship is that it empowers the Board to implement necessary measures for wildlife conservation and management, reflecting a comprehensive approach to environmental stewardship.

Provision 2

"B. Method of fishing. Taking any fish at any department-owned or department-cont..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning fishing methods at department-owned or controlled bodies of water, as it falls within the scope of "taking" fish, thereby allowing for the establishment of specific methods and restrictions. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure the sustainable management of fish populations while adhering to the overarching statutory framework.

Provision 3

"C. Hours for fishing. Fishing is permitted 24 hours a day unless otherwise poste..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, animals, and inland water fish. This broad grant of authority encompasses the regulation concerning fishing hours, as it falls within the management of activities related to inland water fish, thereby justifying the use of GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to establish specific operational guidelines, such as fishing hours, to effectively manage and conserve aquatic resources under its jurisdiction.

Provision 4

"D. Seasons; hours and methods of fishing; size and creel limits; hunting and tra..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's provisions on seasons, hours, methods of fishing, and limits on size and creel, as these aspects directly relate to the management and regulation of wildlife resources. The legal significance of this authorization relationship is that it allows the Board to exercise discretion in establishing detailed regulations necessary for the effective conservation and management of wildlife, ensuring compliance with the overarching statutory framework.

Provision 5

"E. Other uses. Camping overnight or building fires (except in developed and desi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various activities concerning wild birds, wild animals, and inland water fish. This broad grant of authority allows the regulation to encompass provisions that ensure the protection of these resources, including prohibiting certain activities in department-controlled areas to maintain ecological integrity. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations that safeguard wildlife and their habitats, reflecting the intent of the statute to manage and conserve natural resources effectively.

Provision 6

"F. Fishing tournaments, etc. A boat ramp special use permit is required to orga..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses activities related to the management and regulation of fishing events, as the regulation requires a special use permit for organizing fishing tournaments, which directly relates to the taking and capture of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement regulations that ensure the sustainable management of fish populations and the orderly conduct of fishing activities, thereby fulfilling its statutory mandate.

Fish: Fishing Generally

4VAC15-320-120

Express

General

Overreach

Unauthorized

Requirements

A. It shall be unlawful to fish in the portion of Big Tumbling Creek within the Clinch Mountain Wildlife Management Area, in Douthat State Park Lake and in Wilson Creek both above the lake to the park boundary and downstream to the lower USFS boundary, and in the Crooked Creek fee fishing area in Carroll County without having first paid to the department for such privilege a daily use fee. Such daily use fee shall be in addition to all other license fees provided by law.¹ B. This fee will be required from the first Saturday in April through September 30 for the portion of Big Tumbling Creek within the Clinch Mountain Wildlife Management Area and Crooked Creek fee fishing area in Carroll County, and from the first Saturday in April through June 15 and from September 15 through October 31 at Douthat State Park Lake and Wilson Creek, except that the director may temporarily suspend fee requirements if conditions cause suspension of trout stocking. During the remainder of the year, Douthat State Park Lake, Wilson Creek, and the Crooked Creek fee fishing area in Carroll County will revert to designated stocked trout waters and a trout license will be required except as provided in 4VAC15-20-190 , and beginning on January 1, 2018, the portion of Big Tumbling Creek within the Clinch Mountain Wildlife Management Area will revert to a seasonal catch and release area subject to 4VAC15-330-150 . No fishing is permitted in these waters for five days preceding the opening day.² C. Upon payment of the daily use fee the department shall issue a special permit that shall be signed and carried by the person fishing.³ D. Fishing shall begin at 9 a.m. on opening day at all fee areas. After opening day, fishing times will be as posted at each fee area.⁴ E. The department may recognize clearly marked "children only" fishing areas within any department fee fishing area. Within these "children only" areas, children 12 years old or younger may fish without the daily use fee if accompanied by a fully licensed adult who has purchased a valid daily permit. No person older than 12 years of age may fish in these children-only areas. Also, children 12 years of age and younger can fish without a permit in all three fee fishing areas if under the direct supervision of a permitted adult. However, the combined daily creel limit for both adult and child or children in such a party shall not exceed six trout. During the fee fishing season these waters will be subject to 4VAC15-330-60 , 4VAC15-330-80 , and 4VAC15-330-90 , as it relates to designated stocked trout waters.⁵

Provision-Level Authorization Analysis

Provision 1

"A. It shall be unlawful to fish in the portion of Big Tumbling Creek within the ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation because it addresses the management of fishing activities within specific areas, which falls under the Board's responsibility to regulate the taking of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement specific restrictions necessary for the conservation and management of wildlife resources, ensuring compliance with the overarching statutory framework.

Provision 2

"B. This fee will be required from the first Saturday in April through September ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, animals, and inland water fish. This broad grant of authority allows the Board to establish specific regulations, such as the fee requirements for certain fishing areas, as it falls within the scope of managing wildlife resources and their associated activities. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that ensure the sustainable use and conservation of wildlife, reflecting the intent of the statute to oversee and regulate interactions with these natural resources.

Provision 3

"C. Upon payment of the daily use fee the department shall issue a special permit..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the issuance of special permits for fishing, as it falls within the realm of managing the taking and possession of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement specific operational procedures, such as the issuance of permits, under the general authority provided by the statute, thereby facilitating effective management of wildlife resources.

Provision 4

"D. Fishing shall begin at 9 a.m. on opening day at all fee areas. After opening ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning fishing times, as it falls under the Board's responsibility to manage and regulate activities associated with inland water fish. The legal significance of this authorization relationship is that it allows the Board to establish specific operational guidelines, like fishing times, to ensure effective management and conservation of fish populations within the designated areas.

Provision 5

"E. The department may recognize clearly marked "children only" fishing areas wit..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation because it allows the Board to establish specific provisions, such as recognizing "children only" fishing areas, which are necessary for managing the recreational use of inland water fish and promoting youth participation in fishing activities. The legal significance of this authorization relationship is that it empowers the Board to create regulations that facilitate public engagement in fishing while ensuring compliance with overarching wildlife management objectives.

Fish: Fishing Generally

4VAC15-320-150

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful for any person holding a current license to fish to shoot suckers, redhorse and carp with a rifle, during the hours of sunrise to sunset, from April 15 to May 31, both inclusive, in the waters of the Clinch River within the limits of Scott County; except, that it shall be unlawful to shoot fish on Sunday, or within the limits of any town, or from any bridge.¹ No more than 20 such fish may be so taken during any one day.² All persons engaged in the shooting or the retrieval of fish pursuant to this section shall have in their possession a current fishing license.³

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful for any person holding a current license to fish to shoot suc..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. The regulation allowing the shooting of specific fish species with a rifle during certain times appears to exceed the statute's authorization because it introduces a method of taking (shooting with a rifle) that is not explicitly mentioned in the statute and may not align with the general intent of regulating fishing practices. The legal significance of this relationship is that the regulation may impose restrictions or allowances that go beyond the scope of the statutory authority, potentially undermining the legislative intent and creating confusion regarding permissible activities.

Provision 2

"No more than 20 such fish may be so taken during any one day."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the taking and possession of wild animals and inland water fish. This broad language allows the Board to establish specific limits, such as the regulation that restricts the daily catch of fish to no more than 20, thereby falling within the general authority to manage wildlife resources. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for the sustainable management of wildlife, ensuring that the overarching legislative intent is fulfilled without the need for further specific legislative action.

Provision 3

"All persons engaged in the shooting or the retrieval of fish pursuant to this se..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation requiring individuals engaged in shooting or retrieving fish to possess a current fishing license, as it directly relates to the taking and possession of inland water fish. The legal significance of this authorization relationship is that it allows the Board to establish necessary regulations to ensure sustainable practices and compliance within the activities outlined in the statute.

Fish: Fishing Generally

4VAC15-320-160

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful for any person while fishing to remove the head or tail or otherwise change the appearance of any game fish (except bluegill sunfish and bream of the sunfish family) having a daily creel or size limit so as to obscure its species or render it impracticable to measure its total original length or count the number of such fish in possession.¹ In addition, it shall be unlawful for any person to possess or transport such altered game fish while on the water.² However, the prohibition against possession and transportation in the previous sentence shall not apply to the preparations of lawfully obtained fish for immediate use as food or any lawful commercial use of such fish.³

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful for any person while fishing to remove the head or tail or ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation prohibiting the alteration of game fish, as it directly pertains to the possession and transportation aspects of these fish, ensuring compliance with size and species identification requirements. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to manage and protect wildlife resources effectively, ensuring sustainable practices in fishing activities.

Provision 2

"In addition, it shall be unlawful for any person to possess or transport such al..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the possession and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation prohibiting the possession or transportation of altered game fish while on the water, as it directly relates to the management and conservation of wildlife resources. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to protect wildlife, ensuring compliance with conservation efforts under the statute.

Provision 3

"However, the prohibition against possession and transportation in the previous s..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows for the regulation to include exceptions, such as the provision that permits the preparation of lawfully obtained fish for immediate use as food or lawful commercial use, thereby aligning with the overarching authority granted by the statute. The legal significance of this authorization relationship is that it enables the Board to create flexible regulations that adapt to practical circumstances while remaining within the scope of the statutory framework.

Fish: Fishing Generally

4VAC15-320-170

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to fish or to collect bait March 1 through June 15 within 300 feet of Boshers Dam Fishway on the north bank of James River, or within 150 feet of Harvell Dam Fishway on the south bank of Appomattox River.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to fish or to collect bait March 1 through June 15 within 3..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and fish. This broad grant of authority allows the Board to establish specific regulations, such as the prohibition on fishing or collecting bait near designated fishways, as it falls under the general framework of managing wildlife resources and ensuring their protection. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for the effective implementation of wildlife conservation measures, thereby allowing for localized management in response to specific ecological needs.

Fish: Trout Fishing

4VAC15-330-10

Express

General

Overreach

Unauthorized

Requirements

Waters will be closed to fishing on the Friday prior to the first Saturday in April and will reopen to fishing at 9 a.m. on the first Saturday in April.¹ Youth fishing events that are sponsored by the department and held on designated stocked trout waters shall be posted on site with a closure to adults (anglers older than 15 years of age) from noon the day before the event until the conclusion of the youth event.² Any person older than 15 years of age and accompanying a youth who is incapable of hooking and landing a fish unassisted shall be properly licensed to fish in designated stocked trout waters.³

Provision-Level Authorization Analysis

Provision 1

"Waters will be closed to fishing on the Friday prior to the first Saturday in Ap..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation regarding the closure of waters to fishing, as it pertains to the management and regulation of fishing activities within the context of the Board's authority over inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement specific measures to manage fish populations and ensure sustainable fishing practices, reflecting the intent of the statute to regulate wildlife resources effectively.

Provision 2

"Youth fishing events that are sponsored by the department and held on designated..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning youth fishing events, as it falls within the Board's purview to regulate activities related to the taking of fish and to establish conditions that promote specific fishing events for youth. The legal significance of this authorization relationship is that it allows the Board to implement regulations that enhance conservation efforts and promote responsible fishing practices, thereby ensuring the sustainable management of aquatic resources.

Provision 3

"Any person older than 15 years of age and accompanying a youth who is incapable ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses the regulation that requires individuals accompanying youth to be properly licensed to fish, as it pertains to the taking and possession of inland water fish in designated areas. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations necessary for the effective management and conservation of fish populations, ensuring compliance with broader statutory objectives.

Fish: Trout Fishing

4VAC15-330-30

Express

General

Overreach

Unauthorized

Requirements

Creel limit; generally.¹ Except as otherwise specifically provided in the sections appearing in this chapter, the daily creel limit for taking trout shall be six, except the daily creel limit shall be two in Lake Moomaw.² Once a trout is taken into possession by placing in the creel, it becomes a part of the daily creel limit and may not be released (culled).³

Provision-Level Authorization Analysis

Provision 1

"Creel limit; generally."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the taking and possession of wild birds, animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the establishment of creel limits, which directly relates to the regulation's focus on managing fish populations. The legal significance of this relationship is that it allows the Board to implement necessary regulations to ensure sustainable practices in wildlife management without requiring further specific legislative action.

Provision 2

"Except as otherwise specifically provided in the sections appearing in this chap..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific limits, such as the daily creel limit for trout, as it falls within the general scope of managing the taking of inland water fish. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

Provision 3

"Once a trout is taken into possession by placing in the creel, it becomes a part..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the taking and possession of wild animals and fish. This broad language allows the regulation to establish specific rules about the handling of trout once they are taken into possession, which falls under the Board's authority to regulate the capture and possession of inland water fish. The legal significance of this relationship is that it ensures the Board can effectively manage fish populations and enforce conservation measures through regulations that align with the overarching statutory framework.

Fish: Trout Fishing

4VAC15-330-50

Express

General

Overreach

Unauthorized

Requirements

Except as otherwise specifically provided by the sections appearing in this chapter, there shall be a seven-inch minimum size limit on trout generally and a 16-inch minimum size limit on trout in Moomaw Reservoir.¹

Provision-Level Authorization Analysis

Provision 1

"Except as otherwise specifically provided by the sections appearing in this chap..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to establish specific size limits for trout, as outlined in the regulation, under its general regulatory powers concerning wildlife management. The legal significance of this authorization relationship is that it provides the board with the flexibility to implement detailed regulations that are necessary for effective resource management without needing further legislative approval for each specific rule.

Fish: Trout Fishing

4VAC15-330-60

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful for any person fishing in designated stocked trout water to use more than one rod, one line, and one baited hook (a treble hook is considered one hook); however, any combination of artificial lures is allowed.¹ It shall be unlawful to use seines and nets in designated stocked trout waters, except that a hand-landing net to land fish legally hooked may be used in all waters.²

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful for any person fishing in designated stocked trout water to..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the taking and possession of wild animals and fish, which includes the methods and means of fishing. This broad language allows the Board to establish specific rules, such as the limitation on the number of rods and hooks used in designated waters, thereby resulting in GENERAL_DELEGATION as the regulation falls within the scope of the authority granted by the statute. The legal significance of this relationship is that it empowers the Board to create detailed regulations that ensure sustainable fishing practices while remaining compliant with the overarching statutory framework.

Provision 2

"It shall be unlawful to use seines and nets in designated stocked trout waters, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation prohibiting the use of seines and nets in designated stocked trout waters, as it falls within the Board's power to regulate the capture and taking of fish. The legal significance of this authorization relationship is that it allows the Board to implement specific measures to manage and conserve fish populations effectively, ensuring compliance with the overarching statutory framework.

Fish: Trout Fishing

4VAC15-330-80

Express

General

Overreach

Unauthorized

Requirements

Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"Code of Virginia."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including hunting, capturing, and transporting wild birds and animals. This broad language allows for GENERAL_DELEGATION because it encompasses a wide range of activities and provides the Board with the flexibility to create detailed regulations that address specific circumstances within the scope of wildlife management. The legal significance of this authorization relationship is that it empowers the Board to effectively manage and regulate wildlife resources while ensuring compliance with established guidelines.

Fish: Trout Fishing

4VAC15-330-90

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to feed or bait trout in designated stocked trout waters of the Commonwealth.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to feed or bait trout in designated stocked trout waters of..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation prohibiting the feeding or baiting of trout in designated stocked trout waters, as it directly pertains to the management and conservation of fish populations within the Board's jurisdiction. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to protect aquatic ecosystems and regulate fishing practices, thereby ensuring sustainable wildlife management.

Fish: Trout Fishing

4VAC15-330-100

Express

General

Overreach

Unauthorized

Requirements

Artificial lure" defined.¹ For the purposes of this chapter "artificial lure" shall include manufactured or handmade flies, spinners, plugs, spoons and facsimiles of live animals, but shall not be construed to include artificially produced organic baits and fish eggs that are intended to be ingested.² Artificial lures with single hook shall mean any single point lure (with no multiple point hooks).³ Where single-hook artificial lures are required, a multiple number of single-hook lures (such as dropper flies) fished in series are permitted.⁴

Provision-Level Authorization Analysis

Provision 1

"Artificial lure" defined."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation defining "artificial lure" as it pertains to the methods and means of taking or capturing these wildlife resources. The legal significance of this authorization relationship is that it allows the Board to establish necessary definitions and guidelines to effectively manage and regulate wildlife activities under its jurisdiction.

Provision 2

"For the purposes of this chapter "artificial lure" shall include manufactured or..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and fish. This broad grant of authority encompasses the regulation defining "artificial lure," as it falls within the scope of the Board's ability to regulate methods and means of capturing and taking fish, thus justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to establish detailed rules necessary for effective wildlife management without requiring further legislative approval for each specific regulation.

Provision 3

"Artificial lures with single hook shall mean any single point lure (with no mult..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the methods and tools used for fishing, which justifies the regulation defining artificial lures with single hooks as a permissible method. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations necessary for effective wildlife management while remaining within the scope of the authority granted by the statute.

Provision 4

"Where single-hook artificial lures are required, a multiple number of single-hoo..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of detailed regulations, such as the allowance of multiple single-hook lures fished in series, as it falls within the scope of managing fishing practices and ensuring compliance with wildlife conservation efforts. The legal significance of this authorization relationship is that it empowers the Board to create specific rules that facilitate effective regulation of wildlife activities while maintaining flexibility to adapt to changing circumstances in the field.

Fish: Trout Fishing

4VAC15-330-120

Express

General

Overreach

Unauthorized

Requirements

A. It shall be lawful year around to fish using only artificial lures with single hooks in that portion of Buffalo Creek in Rockbridge County from the confluence of Colliers Creek upstream 2.9 miles to the confluence of North and South Buffalo Creeks, in that portion of the Dan River in Patrick County from Talbott Dam approximately six miles downstream to a sign posted just upstream from the confluence of Dan River and Townes Reservoir, in that portion of the Pound River from a sign posted 0.4 miles below the Flannagan Dam, downstream 1.2 miles to a sign posted just upstream of the confluence of the Pound River and the Russell Fork River, in that portion of the South Fork Holston River in Smyth County from a sign posted at the upper Jefferson National Forest boundary downstream approximately four miles to a sign posted 500 feet upstream of the concrete dam at Buller Fish Culture Station, and in that portion of Roaring Run in Botetourt County from a sign posted at the third footbridge above the Roaring Run Furnace Day Use Area upstream approximately one mile to a sign posted at the Botetourt/Alleghany County line.¹ B. The daily creel limit in these waters shall be two trout a day year around and the size limit shall be 16 inches or more in length. All trout caught in these waters under 16 inches in length shall be immediately returned to the water unharmed. It shall be unlawful for any person to have in his possession any bait or any trout under 16 inches in length in these areas.²

Provision-Level Authorization Analysis

Provision 1

"A. It shall be lawful year around to fish using only artificial lures with singl..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation, as it pertains to the taking of inland water fish, thereby allowing the Board to establish specific fishing methods and restrictions in designated areas. The legal significance of this authorization relationship is that it provides the Board with the necessary flexibility to manage and conserve fish populations effectively while ensuring compliance with established regulations.

Provision 2

"B. The daily creel limit in these waters shall be two trout a day year around an..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning daily creel limits and size limits for trout, as it falls within the category of managing the taking and possession of inland water fish. The legal significance of this relationship is that it allows the Board to implement specific management practices necessary for conservation and regulation of fish populations under the general authority provided by the statute.

Fish: Trout Fishing

4VAC15-330-130

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful year around to fish using only artificial flies with single hooks in that portion of Mossy Creek in Augusta County upstream from the Augusta/Rockingham County line to a sign posted at the confluence of Joseph's Spring and in that portion of South River from the North Oak Lane Bridge in Waynesboro upstream to a sign posted 1.5 miles above the State Route 632 (Shalom Road) Bridge.¹ The daily creel limit in these waters shall be one trout a day year around and the size limit shall be 20 inches or more in length.² All trout caught in these waters under 20 inches in length shall be immediately returned to the water unharmed.³ It shall be unlawful for any person to have in his possession any bait or any trout under 20 inches in length in this area.⁴

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful year around to fish using only artificial flies with single h..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific fishing regulations, such as the use of artificial flies with single hooks in designated areas, under the general framework of managing wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for the effective conservation and management of aquatic ecosystems, ensuring compliance with the overarching statutory mandate.

CROSS-REFERENCE § 12-1

Provision 2

"The daily creel limit in these waters shall be one trout a day year around and t..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and fish. This broad language encompasses the regulation concerning daily creel limits and size limits for trout, as it directly pertains to the taking and possession of inland water fish. The legal significance of this authorization relationship is that it allows the Board to establish specific management practices that are necessary for the conservation and regulation of fish populations, ensuring compliance with the overarching statutory framework.

CROSS-REFERENCE § 12-1

Provision 3

"All trout caught in these waters under 20 inches in length shall be immediately ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the immediate return of trout under 20 inches in length to the water unharmed, as it directly pertains to the taking and possession of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement specific conservation measures within the framework of the general authority provided by the statute, thereby ensuring sustainable management of fish populations.

CROSS-REFERENCE § 12-1

Provision 4

"It shall be unlawful for any person to have in his possession any bait or any tr..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation prohibiting possession of bait or trout under 20 inches in length, as it falls within the scope of regulating the possession of wild animals and fish. The legal significance of this authorization relationship is that it allows the Board to implement specific rules necessary for the management and conservation of wildlife, ensuring compliance with broader statutory objectives.

CROSS-REFERENCE § 12-1

Fish: Trout Fishing

4VAC15-330-140

Express

General

Overreach

Unauthorized

Requirements

Special provision applicable to certain portions of Big Wilson Creek, Cabin Creek, Conway River, Little Stony Creek, Little Wilson Creek, Mill Creek...¹ It shall be lawful to fish using only artificial lures with single hooks in that portion of the Conway River and its tributaries in Greene and Madison Counties within the Rapidan Wildlife Management Area, in that portion of Big and Little Wilson Creeks and their tributaries and Cabin Creek and its tributaries in Grayson County within the Grayson Highlands State Park and the Jefferson National Forest Mount Rogers National Recreation Area, in that portion of Little Stony Creek in Giles County within the Jefferson National Forest, in that portion of Little Stony Creek in Shenandoah County within the George Washington National Forest, in Mill Creek and its tributaries upstream of the Poplar Street Bridge in the Town of Narrows (Mill Creek flows through the Town of Narrows and Jefferson National Forest in Giles County), in the North Fork Buffalo River and its tributaries in Amherst County within the George Washington National Forest, in that portion of St.² Mary's River in Augusta County and its tributaries upstream from the gate at the George Washington National Forest property line, and in that portion of Ramsey's Draft and its tributaries in Augusta County within the George Washington National Forest.³ All trout caught in these waters under nine inches in length shall be immediately returned to the water unharmed.⁴ It shall be unlawful for any person to have in his possession any bait or any trout under nine inches in length while in these areas.⁵

Provision-Level Authorization Analysis

Provision 1

"Special provision applicable to certain portions of Big Wilson Creek, Cabin Cree..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the creation of specific provisions, such as those applicable to certain portions of various creeks, as it encompasses the regulation of activities that affect wildlife and their habitats. The legal significance of this authorization relationship is that it enables the Board to adapt regulations to local conditions and needs while remaining within the framework established by the statute.

Provision 2

"It shall be lawful to fish using only artificial lures with single hooks in that..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the lawful use of artificial lures with single hooks for fishing in specified waterways, as it pertains to the taking of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement specific fishing regulations under the general authority provided by the statute, ensuring management and conservation of aquatic resources within designated areas.

Provision 3

"Mary's River in Augusta County and its tributaries upstream from the gate at the..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of regulations that can address specific geographic areas, such as the designated waters in Augusta County, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it empowers the Board to implement detailed and localized regulations necessary for the effective management and conservation of wildlife resources within the framework established by the statute.

Provision 4

"All trout caught in these waters under nine inches in length shall be immediatel..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the immediate return of undersized trout to the water, as it falls within the Board's authority to regulate the taking and possession of inland water fish to ensure sustainable practices. The legal significance of this authorization relationship is that it allows the Board to implement specific conservation measures, such as size limits, under the general authority provided by the statute, thereby promoting responsible management of fish populations.

Provision 5

"It shall be unlawful for any person to have in his possession any bait or any tr..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses the regulation prohibiting possession of bait or trout under nine inches, as it directly relates to the possession aspect of inland water fish and aims to manage and protect fish populations. The legal significance of this authorization relationship is that it allows the Board to implement specific regulations necessary for the conservation and management of wildlife resources, ensuring compliance with the overarching statutory framework.

Fish: Trout Fishing

4VAC15-330-150

Express

General

Overreach

Unauthorized

Requirements

The Stewarts Creek Trout Management Area in Carroll County. 2.¹ The Rapidan and Staunton Rivers and their tributaries upstream from a sign at the Lower Shenandoah National Park boundary in Madison County. 3.² The Dan River and its tributaries between the Townes Dam and the Pinnacles Hydroelectric Project powerhouse in Patrick County. 4.³ The East Fork of Chestnut Creek (Farmers Creek) and its tributaries upstream from the Blue Ridge Parkway in Grayson and Carroll Counties. 5.⁴ Roaring Fork and its tributaries upstream from the southwest boundary of Beartown Wilderness Area in Tazewell County. 6.⁵ That section of the South Fork Holston River and its tributaries from the concrete dam at Buller Fish Culture Station downstream to the lower boundary of the Buller Fish Culture Station in Smyth County. 7.⁶ North Creek and its tributaries upstream from a sign at the George Washington National Forest North Creek Campground in Botetourt County. 8.⁷ Spring Run from its confluence with Cowpasture River upstream to a posted sign at the discharge for Coursey Springs Hatchery in Bath County. 9.⁸ Venrick Run and its tributaries within the Big Survey Wildlife Management Area and Town of Wytheville property in Wythe County. 10.⁹ Brumley Creek and its tributaries from the Hidden Valley Wildlife Management Area boundary upstream to the Hidden Valley Lake Dam in Washington County. 11.¹⁰ Stony Creek (Mountain Fork) and its tributaries within the Jefferson National Forest in Wise and Scott Counties from the outlet of High Knob Lake downstream to the confluence of Chimney Rock Fork and Stony Creek. 12.¹¹ Little Stony Creek and its tributaries within the Jefferson National Forest in Scott County from the Falls of Little Stony Creek downstream to a posted sign at the Hanging Rock Recreation Area. 13.¹² Little Tumbling Creek and its tributaries within the Clinch Mountain Wildlife Management Area in Smyth and Tazewell Counties downstream to the concrete bridge. 14.¹³ Big Tumbling Creek and its tributaries within the Clinch Mountain Wildlife Management Area in Russell, Smyth, and Washington Counties from a sign starting at the foot of the mountain and extending upstream seasonally from October 1 until five days prior to the first Saturday in April. 15.¹⁴ South River in the City of Waynesboro from the Wayne Avenue Bridge downstream 2.2 miles to the Second Street Bridge. 16.¹⁵ Wolf Creek and its tributaries within the Abingdon Muster Grounds in the Town of Abingdon from Colonial Road downstream to Stone Mill Road. 17.¹⁶ Beaver Creek and its tributaries within the boundaries of Sugar Hollow Park in the City of Bristol. 18.¹⁷ Green Cove Creek in Washington County from Route 859 downstream to its mouth. 19.¹⁸ Whitetop Laurel Creek in Washington County upstream from the mouth of Straight Branch to a sign posted at the Forest Service boundary just downstream of Taylor Valley, and in Whitetop Laurel Creek in Washington County upstream from the first railroad trestle above Taylor Valley to the mouth of Green Cove Creek at Creek Junction. 20.¹⁹ Smith Creek in Alleghany County from the Clifton Forge Dam downstream to a sign at the Forest Service boundary above the C & O Dam. 21.²⁰ Snake Creek in Carroll County below Hall Ford and that portion of Little Snake Creek below the junction of Routes 922 and 674, downstream to Route 58. 22.²¹ The North Fork Moormans River and its tributaries from the head of Sugar Hollow Reservoir upstream 0.3 miles to the Shenandoah National Park boundary.²² All trout caught in these waters must be immediately returned to the water.²³ No trout or bait may be in possession at any time in these areas.²⁴

Provision-Level Authorization Analysis

Provision 1

"The Stewarts Creek Trout Management Area in Carroll County. 2."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including hunting, taking, and possession of wild birds, animals, and fish. This broad language allows the Board to implement regulations that address specific management areas, such as the Stewarts Creek Trout Management Area, under the umbrella of wildlife conservation and regulation. The legal significance of this relationship is that it empowers the Board to make detailed and localized decisions regarding wildlife management without needing further legislative approval, thereby facilitating effective and responsive governance.

Provision 2

"The Rapidan and Staunton Rivers and their tributaries upstream from a sign at th..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to regulate specific waterways, such as the Rapidan and Staunton Rivers, as it falls within their mandate to manage natural resources and ensure public safety. The legal significance of this authorization relationship is that it empowers the board to implement regulations that address local environmental concerns while adhering to procedural requirements, thereby ensuring effective governance.

Provision 3

"The Dan River and its tributaries between the Townes Dam and the Pinnacles Hydro..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses various aspects of wildlife management, allowing the Board to establish regulations that address specific geographic areas, such as the Dan River and its tributaries, under the general framework of wildlife conservation and management. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory provisions.

Provision 4

"The East Fork of Chestnut Creek (Farmers Creek) and its tributaries upstream fro..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of regulations that can address specific geographic areas, such as the East Fork of Chestnut Creek and its tributaries, under the general authority to manage wildlife resources effectively. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure the sustainable management and conservation of wildlife within the specified regions, reflecting the intent of the statute to provide comprehensive oversight.

Provision 5

"Roaring Fork and its tributaries upstream from the southwest boundary of Beartow..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of specific locations, such as "Roaring Fork and its tributaries upstream from the southwest boundary of Beartown Wilderness Area," under the general authority to manage wildlife resources effectively. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that address local conditions and conservation needs without requiring further legislative approval, thereby facilitating timely and responsive wildlife management.

Provision 6

"That section of the South Fork Holston River and its tributaries from the concre..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning a specific section of the South Fork Holston River and its tributaries, as it falls within the realm of managing and regulating the taking and possession of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations necessary for effective wildlife management without requiring further legislative approval, thereby facilitating timely and responsive governance.

Provision 7

"North Creek and its tributaries upstream from a sign at the George Washington Na..."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-501 specifically grants the Board authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation concerning "North Creek and its tributaries" does not pertain to any of these specified activities, which results in it being unauthorized as it falls outside the scope of the authority granted by the statute. The legal significance of this relationship is that regulations must align with the explicit powers conferred by the statute; otherwise, they lack legal standing and enforceability.

Provision 8

"Spring Run from its confluence with Cowpasture River upstream to a posted sign a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad language allows the Board to establish specific regulations, such as the designation of particular waterways for fishing or other wildlife-related activities, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife management while remaining within the scope of the authority granted by the statute.

Provision 9

"Venrick Run and its tributaries within the Big Survey Wildlife Management Area a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to regulate specific areas, such as Venrick Run and its tributaries, as it falls under the general category of managing wildlife resources and their habitats. The legal significance of this relationship is that it empowers the Board to implement regulations that ensure the conservation and proper management of wildlife, reflecting the intent of the statute to provide comprehensive oversight.

Provision 10

"Brumley Creek and its tributaries from the Hidden Valley Wildlife Management Are..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish specific regulations, such as those pertaining to designated waterways, under the general framework of managing wildlife resources. The legal significance of this relationship is that it ensures the Board has the necessary flexibility to address various aspects of wildlife management while remaining within the scope of the statutory authority provided.

Provision 11

"Stony Creek (Mountain Fork) and its tributaries within the Jefferson National Fo..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation, as it pertains to the management and protection of specific waterways within the designated areas, aligning with the Board's responsibility to regulate wildlife and their habitats. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure the conservation and sustainable use of wildlife resources in accordance with the statutory mandate.

Provision 12

"Little Stony Creek and its tributaries within the Jefferson National Forest in S..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and transportation of wild birds and animals. This broad grant of authority allows for the establishment of specific regulations, such as those governing designated areas for wildlife activities, thereby resulting in GENERAL_DELEGATION as the regulation falls within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it empowers the Board to create detailed rules necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

Provision 13

"Little Tumbling Creek and its tributaries within the Clinch Mountain Wildlife Ma..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish regulations that address specific locations and conditions, such as those outlined in the regulation concerning Little Tumbling Creek and its tributaries, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed and localized regulations necessary for effective wildlife management within the framework established by the statute.

Provision 14

"Big Tumbling Creek and its tributaries within the Clinch Mountain Wildlife Manag..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of specific regulations, such as those governing designated areas and seasonal restrictions, which fall under the general authority to manage wildlife resources effectively. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations necessary for the conservation and management of wildlife, ensuring that such activities are conducted in a sustainable manner.

Provision 15

"South River in the City of Waynesboro from the Wayne Avenue Bridge downstream 2...."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including the hunting, taking, and transportation of wild birds, animals, and fish. This broad language allows the Board to implement regulations that address specific locations and conditions, such as the regulation concerning the South River, thereby falling under the general delegation of authority. The legal significance of this relationship is that it enables the Board to exercise its regulatory powers flexibly and responsively to local circumstances while remaining within the framework established by the statute.

Provision 16

"Wolf Creek and its tributaries within the Abingdon Muster Grounds in the Town of..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after completing all necessary hearing and notice requirements. This broad grant of authority allows the board to regulate specific geographic areas, such as Wolf Creek and its tributaries, under its jurisdiction, leading to the conclusion of GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the board to implement regulations that address local environmental concerns within the framework established by the statute, ensuring compliance with the broader legislative intent.

Provision 17

"Beaver Creek and its tributaries within the boundaries of Sugar Hollow Park in t..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after completing all applicable hearing and notice requirements. This broad grant of authority allows the board to regulate specific areas, such as the management of Beaver Creek and its tributaries within Sugar Hollow Park, under the general delegation framework without needing further specific authorization. The legal significance of this relationship is that it empowers the board to implement regulations that address local environmental management issues while ensuring compliance with procedural requirements.

Provision 18

"Green Cove Creek in Washington County from Route 859 downstream to its mouth. 19..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific regulations, such as those pertaining to designated waterways like Green Cove Creek, under the general framework of managing wildlife resources. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for the effective implementation of wildlife management policies, ensuring compliance with statutory objectives while maintaining flexibility in addressing specific local conditions.

Provision 19

"Whitetop Laurel Creek in Washington County upstream from the mouth of Straight B..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning specific locations and conditions for fishing in Whitetop Laurel Creek, as it falls within the scope of managing the taking and possession of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations that ensure the sustainable management of wildlife resources within the framework established by the statute.

Provision 20

"Smith Creek in Alleghany County from the Clifton Forge Dam downstream to a sign ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific regulations, such as designating particular areas like Smith Creek for certain activities, thereby falling under the umbrella of the general authority granted by the statute. The legal significance of this relationship is that it enables the Board to implement detailed and localized regulations necessary for effective wildlife management and conservation within the scope of the authority provided by the statute.

Provision 21

"Snake Creek in Carroll County below Hall Ford and that portion of Little Snake C..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning specific geographic locations for fishing or wildlife management, as it falls within the scope of managing the taking and possession of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations that are necessary for the effective management and conservation of wildlife resources within the parameters established by the statute.

Provision 22

"The North Fork Moormans River and its tributaries from the head of Sugar Hollow ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the North Fork Moormans River and its tributaries, as it pertains to the management and conservation of wildlife within those waters, thereby justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to implement necessary regulations to protect and manage wildlife resources effectively without requiring further specific legislative approval for each regulation.

Provision 23

"All trout caught in these waters must be immediately returned to the water."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the taking and possession of wild animals, including fish. This broad language allows the Board to implement specific regulations, such as the requirement to immediately return all trout caught in certain waters, as it falls within the scope of managing the taking and conservation of fish populations. The legal significance of this relationship is that it enables the Board to exercise discretion in regulating wildlife management practices, ensuring the sustainability of fish species while adhering to the overarching statutory framework.

Provision 24

"No trout or bait may be in possession at any time in these areas."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the possession of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of possession, which encompasses restrictions on trout and bait in certain areas, thereby justifying the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement necessary measures for wildlife management and conservation without needing further specific authorization for each regulation.

Fish: Trout Fishing

4VAC15-330-160

Express

General

Overreach

Unauthorized

Requirements

Special provisions applicable to certain portions of Accotink Creek, Back Creek, Big Moccasin Creek, Chestnut Creek, Hardy Creek, Holliday Creek, Holmes Run, Indian Creek, North River, Passage Creek, Pedlar River, Piney River, North Fork of Pound and Pound rivers, Middle Fork of Powell River, and Roanoke River.¹ It shall be lawful to fish from October 1 through May 31, both dates inclusive, using only artificial lures in Accotink Creek (Fairfax County) from King Arthur Road downstream 3.1 miles to Route 620 (Braddock Road), in Back Creek (Bath County) from the Route 600 bridge just below the Virginia Power Back Creek Dam downstream 1.5 miles to the Route 600 bridge at the lower boundary of the Virginia Power Recreational Area, in Big Moccasin Creek (Scott County) from the Virginia Department of Transportation foot bridge downstream approximately 1.9 miles to the Wadlow Gap Bridge, in Chestnut Creek (Carroll County) from the U.S.² Route 58 bridge downstream approximately 4.2 miles to the downstream boundary of the New River Trail State Park Cliffview Campground, in Hardy Creek (Lee County) from the Virginia Department of Transportation swinging bridge just upstream of the Route 658 ford downstream to the Route 661 bridge, in Holliday Creek (Appomattox/Buckingham Counties) from the Route 640 crossing downstream 2.8 miles to a sign posted at the headwaters of Holliday Lake, in Holmes Run (Fairfax County) from the Lake Barcroft Dam downstream 1.2 miles to a sign posted at the Alexandria City line, in Indian Creek within the boundaries of Wilderness Road State Park (Lee County), in the North River (Augusta County) from the base of Elkhorn Dam downstream 1.5 miles to a sign posted at the head of Staunton City Reservoir, in Passage Creek (Warren County) from the lower boundary of the Front Royal State Hatchery upstream 0.9 miles to the Shenandoah/Warren County line, in the Pedlar River (Amherst County) from the City of Lynchburg/George Washington National Forest boundary line (below Lynchburg Reservoir) downstream 2.7 miles to the boundary line of the George Washington National Forest, in the Piney River (Nelson County) in that portion of stream from the Piney River Trailhead (Route 151) to the Rose Mill Trailhead (Route 674) adjacent to the Blue Ridge Railway Trail, in North Fork of Pound and Pound rivers from the base of North Fork of Pound Dam downstream to the confluence with Indian Creek, in the Middle Fork of Powell River (Wise County) from the old train trestle at the downstream boundary of Appalachia extending approximately 1.9 miles downstream to the trestle just upstream of the Town of Big Stone Gap, in the Roanoke River (Roanoke County) from the Route 760 bridge (Diuguids Lane) upstream 1.0 miles to a sign posted at the upper end of Green Hill Park (Roanoke County), and in the Roanoke River (City of Salem) from the Route 419 bridge upstream 2.2 miles to the Colorado Street bridge.³ From October 1 through May 31, all trout caught in these waters must be immediately returned to the water unharmed, and it shall be unlawful for any person to have in possession any bait or trout.⁴ During the period of June 1 through September 30, the above restrictions will not apply.⁵

Provision-Level Authorization Analysis

Provision 1

"Special provisions applicable to certain portions of Accotink Creek, Back Creek,..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific provisions for designated waterways, as the regulation addresses the management and protection of wildlife in those areas, which falls within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it enables the Board to create tailored regulations that address local ecological and conservation needs while remaining within the framework established by the statute.

CROSS-REFERENCE § 14-1

Provision 2

"It shall be lawful to fish from October 1 through May 31, both dates inclusive, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling necessary hearing and notice requirements. This broad grant of authority allows the board to establish specific fishing regulations, such as the use of artificial lures in designated waterways, as it falls within the scope of managing fishery resources and ensuring sustainable practices. The legal significance of this authorization relationship is that it empowers the board to implement detailed regulations that address local fishing practices while remaining compliant with the overarching statutory framework.

CROSS-REFERENCE § 14-1

Provision 3

"Route 58 bridge downstream approximately 4.2 miles to the downstream boundary of..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish regulations that govern specific locations and methods of interaction with wildlife, which is reflected in the regulation that delineates a specific area for activities related to these species. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for the effective management and conservation of wildlife within the framework established by the statute.

CROSS-REFERENCE § 14-1

Provision 4

"From October 1 through May 31, all trout caught in these waters must be immediat..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation requiring the immediate return of trout to the water and the prohibition of possession of bait or trout, as it pertains to the taking and possession of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement specific conservation measures, such as protecting trout during certain months, under the general authority provided by the statute.

CROSS-REFERENCE § 14-1

Provision 5

"During the period of June 1 through September 30, the above restrictions will no..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific periods during which certain restrictions may not apply, such as the regulation that exempts certain activities from restrictions between June 1 and September 30. The legal significance of this authorization relationship is that it empowers the Board to adapt regulations to seasonal variations and management needs, ensuring effective wildlife conservation and resource management.

CROSS-REFERENCE § 14-1

Fish: Trout Fishing

4VAC15-330-171

Express

General

Overreach

Unauthorized

Requirements

A. In that portion of the Jackson River from Gathright Dam downstream to the Westvaco Dam at Covington in Allegheny County, the daily creel limit shall be four trout per day and only one of the four may be a brown trout, the minimum size limit for brown trout shall be 20 inches in length, and the protected slot limit for rainbow trout shall be 12 to 16 inches. All brown trout caught in this section of the Jackson River under 20 inches in length and all rainbow trout between 12 and 16 inches in length caught in this section of Jackson River shall be immediately returned to the water. It shall be unlawful for any person to possess any brown trout under 20 inches in length or any rainbow trout between 12 and 16 inches in length in this area. Because of the 12-inch to 16-inch protected slot limit for rainbow trout, the statewide seven-inch minimum trout limit does not apply to rainbow trout in this section of Jackson River.¹ B. The trout daily creel limit shall be two, the minimum size limit shall be 16 inches in length, and only artificial lures may be used in that portion of Jackson River in Bath County from the swinging bridge located just upstream from the mouth of Muddy Run, upstream three miles to the last ford on FS 481D. All trout caught in these waters under 16 inches in length shall be immediately returned to the water unharmed. It shall be unlawful for any person to have in his possession any bait or any trout under 16 inches in length in these areas.²

Provision-Level Authorization Analysis

Provision 1

"A. In that portion of the Jackson River from Gathright Dam downstream to the We..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning creel limits and size restrictions for trout, as it directly pertains to the taking and possession of inland water fish. The legal significance of this authorization relationship is that it allows the Board to establish specific management practices for fish populations, ensuring sustainable use while operating within the general authority provided by the statute.

Provision 2

"B. The trout daily creel limit shall be two, the minimum size limit shall be 16 ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific regulations, such as limits on creel size and fishing methods, to manage and conserve fish populations effectively. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that address specific circumstances while remaining within the overarching framework established by the statute.

Fish: Trout Fishing

4VAC15-330-175

Express

General

Overreach

Unauthorized

Requirements

In that portion of the Smith River from Philpott Dam downstream to the State Route 636 Bridge crossing (Mitchell Bridge), the protected slot limit for brown trout shall be 10 to 24 inches and only one brown trout longer than 24 inches can be harvested per day.¹ All brown trout caught in this section of Smith River between 10 and 24 inches in length must be immediately returned to the water unharmed.² It shall be unlawful for any person to possess any brown trout between 10 and 24 inches or more than one brown trout longer than 24 inches in length in this section of Smith River.³ Because of the 10-inch to 24-inch protected slot limit for brown trout, the statewide seven-inch minimum trout limit does not apply to brown trout in this section of Smith River.⁴ Statewide creel and size limits shall apply to all other trout species caught in this section of the Smith River, and the statewide daily creel limit of six trout per day applies to all trout species combined, in aggregate.⁵

Provision-Level Authorization Analysis

Provision 1

"In that portion of the Smith River from Philpott Dam downstream to the State Rou..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific rules, such as the protected slot limit for brown trout, as it falls within the scope of regulating the taking and possession of inland water fish. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure the conservation and management of fish populations, reflecting the legislative intent to provide flexible governance in wildlife management.

Provision 2

"All brown trout caught in this section of Smith River between 10 and 24 inches i..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation regarding the immediate return of brown trout within a specified size range, as it relates to the taking and possession of inland water fish. The legal significance of this relationship is that it allows the Board to implement specific conservation measures, like the regulation in question, under the general authority provided by the statute without requiring further legislative approval.

Provision 3

"It shall be unlawful for any person to possess any brown trout between 10 and 24..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the possession limits of brown trout, as it directly pertains to the possession of a specific inland water fish, thus falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to establish specific rules to manage and conserve fish populations, ensuring sustainable practices in line with the statutory mandate.

Provision 4

"Because of the 10-inch to 24-inch protected slot limit for brown trout, the stat..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific regulations, such as the protected slot limit for brown trout, which falls under the category of managing the taking and possession of inland water fish. The legal significance of this authorization relationship is that it empowers the Board to create tailored regulations that address specific conservation needs while remaining within the general framework established by the statute.

Provision 5

"Statewide creel and size limits shall apply to all other trout species caught in..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning statewide creel and size limits for trout species, as it falls within the category of managing the taking and possession of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement specific management practices for fish populations, ensuring sustainable use while adhering to the overarching statutory framework.

Fish: Trout Fishing

4VAC15-330-180

Express

General

Overreach

Unauthorized

Requirements

The operator of a commercially operated fishing pond shall be required to furnish each fisherman taking trout therein a bill of sale, which shall include the name of the fisherman, date, species and number of trout creeled.¹ The fisherman shall retain this bill of sale as long as the fish are in his possession and a duplicate of that shall remain with the operator of the commercially operated fishing pond and be made available for inspection by all authorized department personnel.²

Provision-Level Authorization Analysis

Provision 1

"The operator of a commercially operated fishing pond shall be required to furnis..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, animals, and inland water fish. This broad language encompasses the regulation requiring operators of commercially operated fishing ponds to provide bills of sale for trout, as it pertains to the sale and possession of fish, thus falling within the scope of the Board's regulatory authority. The legal significance of this relationship is that it allows the Board to implement necessary regulations to manage and oversee activities related to wildlife, ensuring compliance and proper documentation in commercial fishing practices.

Provision 2

"The fisherman shall retain this bill of sale as long as the fish are in his poss..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's requirement for fishermen to retain a bill of sale and provide it for inspection, as it pertains to the possession and sale of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure compliance and oversight in the management of wildlife resources, thereby supporting effective conservation and regulation efforts.

Fish: Trout Fishing

4VAC15-330-190

Express

General

Overreach

Unauthorized

Requirements

A. Permit required. It shall be lawful to sell artificially raised brown trout, brook trout or rainbow trout. Commercial aquaculture operations in Virginia that artificially raise and sell brown, brook, and rainbow trout must obtain a permit from the department.¹ B. Records. Any person who shall artificially raise brown trout, brook trout or rainbow trout for sale shall keep a record of the number and species, the number raised or, if imported, from whom purchased.² C. Inspection of premises or establishments. Any establishment raising trout or ordering, importing or possessing trout, as provided for in subsection A of this section, shall be open to inspection at all reasonable hours to any representative of the department.³ D. Trout as bait. Artificially raised rainbow trout may be sold as bait for use in the James River and the New River, and in impoundments (ponds, lakes, and reservoirs), except impoundments listed as designated stocked trout waters, Lake Moomaw, and Philpott Reservoir. Persons possessing purchased rainbow trout for bait must have a valid invoice or bill of sale, specifying date of purchase, the number of trout purchased, and name of an individual or business permitted to sell trout.⁴

Provision-Level Authorization Analysis

Provision 1

"A. Permit required. It shall be lawful to sell artificially raised brown trout,..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the sale of artificially raised trout, as it falls under the category of possession and sale of inland water fish, thereby justifying the need for a permit for commercial aquaculture operations. The legal significance of this authorization relationship is that it allows the Board to regulate specific activities within the broader context of wildlife management, ensuring that such activities are conducted in a manner that aligns with conservation goals and public safety.

Provision 2

"B. Records. Any person who shall artificially raise brown trout, brook trout or..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation requiring record-keeping for the artificial raising of specific trout species, as it relates to the sale and possession of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to manage and monitor the activities surrounding the sale and raising of these fish, ensuring compliance with wildlife management objectives.

Provision 3

"C. Inspection of premises or establishments. Any establishment raising trout or..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking, possession, and transportation of wild animals and fish. This broad grant of authority encompasses the regulation requiring inspections of establishments raising or possessing trout, as it directly relates to the Board's responsibility to ensure compliance with regulations governing the management and conservation of fish species. The legal significance of this authorization relationship is that it allows the Board to implement necessary oversight mechanisms to enforce wildlife regulations effectively, ensuring the protection of fish populations and their habitats.

Provision 4

"D. Trout as bait. Artificially raised rainbow trout may be sold as bait for use..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation allowing the sale of artificially raised rainbow trout as bait, as it falls under the category of possession and sale of inland water fish. The legal significance of this authorization relationship is that it provides the Board with the flexibility to regulate specific practices concerning wildlife management without needing further legislative approval, thus facilitating effective resource management.

Fish: Trout Fishing

4VAC15-330-200

Express

General

Overreach

Unauthorized

Requirements

Waters selected by the director for inclusion into the Urban Fishing Program will be considered designated stocked trout waters only from November 1 through April 30, thus a trout license is not required from May 1 through October 31.¹ In addition, trout may be creeled from these waters year around and the daily trout creel limit shall be four.² Once a trout is taken into possession by placing in the creel, it becomes a part of the daily creel limit and may not be released (culled).³

Provision-Level Authorization Analysis

Provision 1

"Waters selected by the director for inclusion into the Urban Fishing Program wil..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to establish specific rules regarding the management of designated stocked trout waters, including the seasonal requirements for fishing licenses, thereby falling under the general authority to regulate fishing activities. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure effective management and conservation of aquatic resources within the framework established by the statute.

Provision 2

"In addition, trout may be creeled from these waters year around and the daily tr..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including specific rules about fishing limits and seasons, which is why the regulation concerning the year-round creeling of trout and the daily limit falls under GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement detailed and adaptive regulations that are essential for effective wildlife conservation and management without requiring further legislative approval for each specific rule.

Provision 3

"Once a trout is taken into possession by placing in the creel, it becomes a part..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses the regulation concerning the possession of trout, as it directly relates to the taking and possession of inland water fish, thereby justifying the application of GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to implement detailed regulations necessary for the management and conservation of fish populations without needing further specific legislative approval.

Fish: Trout Fishing

4VAC15-330-210

Express

General

Overreach

Unauthorized

Requirements

Bait the hook; 2.¹ Assist in casting; and 3.² Assist with removing the fish from the hook or line.³ Adults may not assist with catching a fish (setting the hook or retrieving the fish).⁴

Provision-Level Authorization Analysis

Provision 1

"Bait the hook; 2."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and fish. This broad grant of authority allows the Board to establish detailed regulations, such as those pertaining to baiting hooks, as it falls under the general management of hunting and fishing practices. The legal significance of this authorization relationship is that it enables the Board to create necessary and specific regulations to ensure effective wildlife management while remaining within the scope of the authority provided by the statute.

Provision 2

"Assist in casting; and 3."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for a wide range of regulatory actions, including those that assist in activities like casting, which falls under the general authority to regulate hunting practices. The legal significance of this relationship is that it provides the Board with the flexibility to implement regulations that support the management and conservation of wildlife, ensuring that the regulations are aligned with the overarching statutory purpose.

Provision 3

"Assist with removing the fish from the hook or line."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities associated with the handling of fish, including assisting with the removal of fish from hooks or lines, which falls under the general category of capturing and handling fish. The legal significance of this authorization relationship is that it allows the Board to implement regulations that facilitate safe and responsible interactions with wildlife, ensuring compliance with the overarching statutory framework.

Provision 4

"Adults may not assist with catching a fish (setting the hook or retrieving the f..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the taking and capture of wild animals, including fish. This broad language encompasses various aspects of fishing practices, allowing the regulation to prohibit adults from assisting in catching fish, as it directly pertains to the manner of taking fish. The legal significance of this authorization relationship is that it empowers the Board to establish rules that ensure sustainable and regulated fishing practices, reflecting the statute's intent to manage wildlife resources effectively.

Fish: Seines and Nets

4VAC15-340-10

Express

General

Overreach

Unauthorized

Requirements

A. Authorization to take fish for sale. A haul seine permit shall authorize the person to whom issued to take fish for sale as specified with a haul seine from the waters designated in this section.¹ B. Permit holder to be present when seine operated. The holder of a haul seine permit must be present with the seine at all times when it is being operated. The holder, however, may have others to assist him, and such persons assisting are not required to have a permit.² C. Length and size of nets. The length of haul seine nets shall not be more than 500 yards. The size of mesh shall be 1-1 /2 inch bar mesh.³ D. Season and fish to be taken in Virginia Beach City. In Back Bay and its natural tributaries (not including Lake Tecumseh and Red Wing Lake), North Landing River from the North Carolina line to Pungo Ferry (not including Blackwater River), the open season to take all fish, except game fish, American shad, alewife, and blueback herring, with a haul seine shall be from November 1 through March 31, both dates inclusive. The harvest limit for anadromous hickory shad shall be 10 per day.⁴ E. Labeling packages containing fish taken with haul seine. It shall be unlawful for any person to ship or otherwise transport any package, box, or other receptacle containing fish taken under a haul seine permit unless the same bears a label showing the name and address of the owner of the seine and a statement of the kind of fish contained in it.⁵ F. Reporting. The holder of a permit to take fish for sale by means of haul seines shall keep a record of the pounds of fish taken by species and location (name and county of water body), and the pounds of each species sold.⁶

Provision-Level Authorization Analysis

Provision 1

"A. Authorization to take fish for sale. A haul seine permit shall authorize the ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the authorization to take fish for sale, as it directly pertains to the taking and sale of inland water fish, thus justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to implement detailed regulations necessary for the management and conservation of fish populations while ensuring compliance with the overarching statutory framework.

Provision 2

"B. Permit holder to be present when seine operated. The holder of a haul seine p..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation requiring that the holder of a haul seine permit must be present when the seine is operated, as it pertains to the capture and taking of inland water fish. The legal significance of this authorization relationship is that it allows the Board to establish specific operational requirements for permit holders to ensure compliance with broader wildlife management goals.

Provision 3

"C. Length and size of nets. The length of haul seine nets shall not be more than..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the capture and possession of wild animals and fish. This broad grant of authority allows the Board to establish specific parameters, such as the length and size of nets, to regulate fishing practices effectively and ensure sustainable wildlife populations. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations under the general authority provided by the statute, thereby facilitating the management and conservation of wildlife resources.

Provision 4

"D. Season and fish to be taken in Virginia Beach City. In Back Bay and its natur..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the open season and specific fish to be taken in designated areas, as it directly relates to the taking of inland water fish, thereby fitting within the scope of the statute. The legal significance of this authorization relationship is that it allows for flexible and responsive regulation of wildlife management, ensuring that the Board can address specific local conditions and needs without requiring additional legislative approval.

Provision 5

"E. Labeling packages containing fish taken with haul seine. It shall be unlawful..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the transportation of fish, which is directly addressed in the regulation requiring labeling for packages containing fish taken under a haul seine permit. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations necessary for effective management and oversight of wildlife resources, ensuring compliance and accountability in their transportation.

Provision 6

"F. Reporting. The holder of a permit to take fish for sale by means of haul sein..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including the requirement for permit holders to maintain records of fish taken and sold, thereby justifying the need for GENERAL_DELEGATION to ensure effective oversight and regulation of these activities. The legal significance of this authorization relationship lies in the Board's ability to implement detailed regulations that support the overarching statutory goals of wildlife conservation and management.

Fish: Seines and Nets

4VAC15-340-30

Express

General

Overreach

Unauthorized

Requirements

A. Authorization to take fish. A gill net permit shall authorize the holder thereof to take nongame fish during the times and in the waters and for the purposes provided for in this section. Such gill net shall not be more than 300 feet in length. The mesh size shall be not less than one-inch bar or square mesh (three-inch stretch mesh). Applicants must annually purchase tags for each net the applicant intends to operate and attach a department tag to each net prior to use. A single permit will be issued to the permittee and shall list each tag number the permittee has been issued. All nets must be checked daily and all game fish returned to the wild.¹ B. Permit holder to be present when gill net is being set and checked for fish. The holder of a gill net permit must be present with the net at all times when it is being set and checked for fish. The holder may have others to assist him, and such persons assisting are not required to have a permit. However, those assisting the permittee must meet the fishing license requirements of the Commonwealth.² C. Times and places permitted in Virginia Beach City; fish which may be taken. Gill nets may be used in Virginia Beach City in Back Bay and its natural tributaries (not including Lake Tecumseh and Red Wing Lake) and North Landing River from the North Carolina line to Pungo Ferry (not including Blackwater River) for the taking of nongame fish, except American shad, alewife, and blueback herring, for table use and also for sale from November 1 through March 31, both dates inclusive. The harvest limit for anadromous hickory shad shall be 10 per day. Gill nets set in Back Bay waters shall be at least 300 feet from any other net and at least 300 feet from the shoreline. All such nets must be marked at both ends and at least every 100 feet along the length of the net with a five-inch by 12-inch minimum dimensions float.³

Provision-Level Authorization Analysis

Provision 1

"A. Authorization to take fish. A gill net permit shall authorize the holder ther..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning gill net permits for taking nongame fish, as it falls within the category of taking and capturing fish, thereby justifying GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to establish detailed regulations under the broad framework provided by the statute, ensuring effective management and conservation of aquatic resources.

Provision 2

"B. Permit holder to be present when gill net is being set and checked for fish. ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation requiring that a gill net permit holder be present when the net is being set and checked, as it pertains to the taking and capture of fish, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to establish specific operational requirements to ensure compliance with broader wildlife management goals, reflecting the intent of the statute to regulate activities affecting wildlife.

Provision 3

"C. Times and places permitted in Virginia Beach City; fish which may be taken. G..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the use of gill nets in specific locations, as it directly pertains to the taking of fish, thereby falling within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to establish detailed rules, such as those governing fishing methods and locations, under the general framework provided by the statute, ensuring effective management of wildlife resources.

Fish: Seines and Nets

4VAC15-340-40

Express

General

Overreach

Unauthorized

Requirements

this section provides limits for suckers), in the county named on the face of the permit with a dip net in inland waters, except where otherwise prohibited by local legislation or by the sections appearing in this chapter.¹ B. Persons required to have permit; inspection by conservation police officers. A dip net permit, or valid fishing license, shall be required for all persons using or assisting in the use of a dip net and permits, or licenses, shall be carried at all times while using such nets and shall be subject to inspection by conservation police officers.² C. Release of certain fish netted. All fish, except shad, herring, mullet, suckers and carp, when taken with a dip net shall be returned to the water alive with as little injury as possible.³ D. Special provisions applicable only to suckers. The following special provisions shall apply only to the taking of suckers, with a dip net: 1. Not more than 20 may be taken by any person in one day;⁴ 2. The open season for taking same with a dip net shall be from February 15 through May 15, both dates inclusive; and⁵ 3. Dip nets for taking such fish shall not be more than six feet square.⁶

Provision-Level Authorization Analysis

Provision 1

"this section provides limits for suckers), in the county named on the face of th..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning limits for suckers, as it falls within the scope of managing the taking and capture of inland water fish, thereby justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to exercise discretion in establishing specific regulations that ensure sustainable practices and compliance with broader wildlife management goals.

Provision 2

"B. Persons required to have permit; inspection by conservation police officers...."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's requirement for permits and inspections, as it falls within the realm of managing the capture and use of wildlife, thereby justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to regulate wildlife activities effectively, ensuring conservation and compliance with established laws.

Provision 3

"C. Release of certain fish netted. All fish, except shad, herring, mullet, sucke..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the release of certain fish netted because it directly pertains to the taking and handling of inland water fish, ensuring their preservation and minimizing injury. The legal significance of this authorization relationship is that it allows the Board to create specific regulations that align with the overarching goals of wildlife conservation and management as outlined in the statute.

Provision 4

"D. Special provisions applicable only to suckers. The following special provisio..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, and possession of wild birds, animals, and inland water fish. This broad language encompasses specific provisions, such as those related to the taking of suckers with a dip net, allowing for detailed regulations that address particular circumstances within the overarching authority. The legal significance of this relationship is that it enables the Board to implement nuanced regulations that ensure sustainable management of wildlife resources while remaining within the scope of the authority granted by the statute.

Provision 5

"2. The open season for taking same with a dip net shall be from February 15 thro..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and capture of wild animals and fish. This broad language allows the Board to establish specific regulations, such as the open season for taking fish with a dip net, under the general authority to regulate hunting and fishing practices. The legal significance of this relationship is that it empowers the Board to create detailed rules necessary for effective wildlife management while ensuring compliance with the overarching statutory framework.

Provision 6

"3. Dip nets for taking such fish shall not be more than six feet square."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses the regulation concerning dip nets for taking fish, as it falls under the category of methods for capturing inland water fish, thus justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to create specific, detailed regulations necessary for the effective management and conservation of wildlife resources within the framework established by the statute.

Fish: Seines and Nets

4VAC15-340-50

Express

General

Overreach

Unauthorized

Requirements

Dip nets; hedging prohibited.¹ It shall be unlawful to use hedging in connection with dip nets in the public inland streams.²

Provision-Level Authorization Analysis

Provision 1

"Dip nets; hedging prohibited."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the capture and possession of wild animals. This broad language allows the Board to establish specific rules, such as prohibiting certain methods of capture like dip nets, thereby falling within the general authority to regulate the taking of wild animals. The legal significance of this relationship is that it empowers the Board to create detailed regulations that ensure the sustainable management of wildlife, reflecting the intent of the statute to provide comprehensive oversight.

Provision 2

"It shall be unlawful to use hedging in connection with dip nets in the public in..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the prohibition of hedging in connection with dip nets in public inland streams, as it falls under the Board's responsibility to regulate activities that affect the taking and capture of inland water fish. The legal significance of this authorization relationship is that it allows the Board to implement specific regulations necessary for the conservation and management of wildlife resources, ensuring that such activities are conducted in a sustainable manner.

Fish: Seines and Nets

4VAC15-340-60

Express

General

Overreach

Unauthorized

Requirements

A. It shall be unlawful to use seines and nets of any kind for the taking of fish from the public waters of the Roanoke (Staunton) and Dan Rivers in Campbell, Charlotte, Halifax, and Pittsylvania Counties and in the City of Danville; provided, however, this section shall not be construed to prohibit the use of hand-landing nets for the landing of fish legally hooked or the taking of fish from these waters pursuant to the provisions of 4VAC15-360 . In addition, this section shall not be construed to prohibit the use of cast nets, also known as throw nets, for the taking of bait fish.¹ B. In Lick Creek and tributaries in Smyth and Bland Counties, in Bear Creek and in streams and their associated tributaries that flow into Hungry Mother Lake in Smyth County, in Laurel Creek and tributaries upstream of Highway 16 bridge in Tazewell and Bland Counties, in Susong Branch and Mumpower Creek in Washington County and the City of Bristol, and in Timbertree Branch in Scott County, it shall be unlawful to use seines, nets, or traps; provided, however, this section shall not be construed to prohibit the use of hand-landing nets for the landing of fish legally hooked.²

Provision-Level Authorization Analysis

Provision 1

"A. It shall be unlawful to use seines and nets of any kind for the taking of fis..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the taking and transportation of wild animals and fish. This broad language encompasses various methods of capturing fish, including the prohibition of specific fishing techniques in designated public waters, which aligns with the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to manage and protect fish populations effectively, reflecting the intent of the statute to ensure sustainable wildlife practices.

Provision 2

"B. In Lick Creek and tributaries in Smyth and Bland Counties, in Bear Creek and ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting and taking of wild birds and animals. This broad language allows for the creation of regulations that address specific geographic areas and conditions, such as those outlined in the regulation regarding Lick Creek and its tributaries, thereby falling within the scope of the Board's delegated powers. The legal significance of this relationship is that it enables the Board to implement targeted regulations that effectively manage wildlife resources in specific locations, ensuring compliance with the overarching statutory framework.

Fish: Seines and Nets

4VAC15-340-70

Express

General

Overreach

Unauthorized

Requirements

A. The director may issue, deny, modify, suspend, or revoke annual eel pot permits for American eels designated for personal use. Such permits shall authorize the taking of American eels for personal use only (not for sale) with eel pots from waters designated in this section. Such permits shall be valid so long as the harvest of eels in the Commonwealth is not prohibited by other state or federal law or regulation.¹ B. It shall be unlawful for a permit holder to possess elvers.² C. It shall be unlawful for permit holders fishing eel pots to take any species other than American eels.³ D. It shall be unlawful to place, set, or fish any eel pot that has a mesh less than 1/2-inch by 1/2-inch and does not contain at least one unrestricted 4-inch by 4-inch escape panel of 1/2-inch by 1-inch mesh. Buoys of all pots set must be marked by permanent means with the permit holder's name, address, and phone number.⁴ E. American eels may be taken with eel pots in Back Bay and its natural tributaries (not including Lake Tecumseh and Red Wing Lake) and North Landing River and its natural tributaries from the North Carolina line to the Great Bridge locks.⁵ F. It shall be unlawful for any permit holder to possess more than 25 eels daily. When fishing from a boat or vessel where the entire catch is held in a common hold or container, the daily possession limit shall be for the boat or vessel and shall be equal to the number of permit holders on board multiplied by 25. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit. Any eel taken after the daily possession limit has been reached shall be returned to the water immediately. Possession of any quantity of eels that exceeds the daily possession limit described in this subsection shall be presumed to be for commercial purposes.⁶ G. For the purposes of this section, the term "elver" shall mean any American eel of less than nine inches in total length.⁷

Provision-Level Authorization Analysis

Provision 1

"A. The director may issue, deny, modify, suspend, or revoke annual eel pot permi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the issuance of permits for the taking of American eels for personal use, as it falls under the category of "taking" and "possession" of a wild animal. The legal significance of this authorization relationship is that it allows the director to manage specific aspects of wildlife regulation, ensuring that the regulations align with the overarching statutory framework while providing flexibility in implementation.

Provision 2

"B. It shall be unlawful for a permit holder to possess elvers."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the possession and management of wild birds, wild animals, and inland water fish. This broad language allows the Board to regulate specific aspects of wildlife management, such as the prohibition on possessing elvers, thereby resulting in GENERAL_DELEGATION as the regulation falls within the scope of the authority granted by the statute. The legal significance of this relationship is that it empowers the Board to implement detailed regulations necessary for effective wildlife conservation and management without requiring further legislative approval for each specific regulation.

Provision 3

"C. It shall be unlawful for permit holders fishing eel pots to take any species ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities associated with wildlife management, allowing the Board to regulate specific practices, such as the restriction on taking species other than American eels when using eel pots. The legal significance of this authorization relationship is that it provides the Board with the flexibility to implement detailed regulations necessary for effective wildlife conservation and management, thereby supporting the overall objectives outlined in the statute.

Provision 4

"D. It shall be unlawful to place, set, or fish any eel pot that has a mesh less ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific regulations, such as those governing the use of eel pots, to ensure sustainable practices and the protection of aquatic resources, resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for the effective management and conservation of wildlife, reflecting the legislative intent to provide flexibility in regulatory oversight.

Provision 5

"E. American eels may be taken with eel pots in Back Bay and its natural tributar..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various methods and practices for managing wildlife, including the specific regulation allowing the taking of American eels with eel pots in designated waterways. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that address specific aspects of wildlife management, ensuring that the regulations align with the overarching statutory authority provided.

Provision 6

"F. It shall be unlawful for any permit holder to possess more than 25 eels dail..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the possession and transportation of wild animals and fish. This broad language encompasses the regulation concerning the daily possession limit of eels, as it directly pertains to the taking and possession of a specific type of wild fish. The legal significance of this authorization relationship is that it allows the Board to establish detailed rules to manage and conserve wildlife resources effectively, reflecting the intent of the statute to provide comprehensive regulatory oversight.

Provision 7

"G. For the purposes of this section, the term "elver" shall mean any American ee..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to define terms and establish specific regulations necessary for the effective management and conservation of wildlife, which encompasses the definition of "elver" as it pertains to American eels. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that support the overarching statutory framework, ensuring that wildlife resources are managed in a manner consistent with the statute's intent.

Fish: Seines and Nets

4VAC15-340-80

Express

General

Overreach

Unauthorized

Requirements

A. The director may issue, deny, modify, suspend, or revoke annual eel pot permits designated for the sale of American eels. Such permits shall authorize the taking of American eels for sale, as specified, with eel pots from waters designated in this section. Such permits shall be valid so long as the harvest of American eels in the Commonwealth is not prohibited by other state or federal law or regulation. To be eligible, applicants must document harvest of at least one pound of American eels from Back Bay or North Landing River or their tributaries via reports submitted through the Virginia Marine Resources Commission Mandatory Harvest Reporting Program during the period January 1, 2007, to December 31, 2012, both dates inclusive. Applicants must document the reported harvest occurred while the applicant held a valid commercial fish pot or eel pot license issued by the Virginia Marine Resources Commission.¹ B. It shall be unlawful for permit holders to possess any American eel less than nine inches in total length.² C. It shall be unlawful for permit holders fishing eel pots to take any species other than American eels.³ D. It shall be unlawful to place, set, or fish any eel pot that has a mesh less than 1/2-inch by 1/2-inch and does not contain at least one unrestricted 4-inch by 4-inch escape panel consisting of 1/2-inch by 1-inch mesh.⁴ E. The permit holder's last name and Virginia Department of Wildlife Resources American eel pot number must be permanently attached to buoys of all eel pots set. The maximum number of pots authorized per permit holder under this permit shall be 300.⁵ F. American eels may be taken with eel pots in Back Bay and its natural tributaries (not including Lake Tecumseh and Red Wing Lake) and in North Landing River and its natural tributaries from the North Carolina line to the Great Bridge locks.⁶ G. It shall be unlawful for any person to ship or otherwise transport any package, box, or other receptacle containing fish taken under an eel pot permit unless the same bears the permit holder's name and address.⁷ H. Failure to comply with the daily harvest and sales reporting requirements as detailed in conditions of the permit shall be unlawful and may result in immediate permit revocation. It shall be the permit holder's responsibility to report "No Activity" when no activity occurs during a monthly reporting period.⁸

Provision-Level Authorization Analysis

Provision 1

"A. The director may issue, deny, modify, suspend, or revoke annual eel pot permi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the issuance and management of permits for the taking of American eels, as it falls within the category of regulations about the taking and sale of inland water fish. The legal significance of this authorization relationship is that it allows for the delegation of regulatory powers to the director, enabling efficient management and enforcement of specific activities related to the conservation and utilization of aquatic resources.

Provision 2

"B. It shall be unlawful for permit holders to possess any American eel less than..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the possession of wild birds, wild animals, and inland water fish. This broad language allows the Board to establish specific possession limits and requirements, such as the prohibition against possessing American eels under nine inches, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for the management and conservation of wildlife, while still adhering to the overarching framework established by the statute.

Provision 3

"C. It shall be unlawful for permit holders fishing eel pots to take any species ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of specific practices, such as the restriction on permit holders fishing eel pots to only take American eels, thereby encompassing the regulation under the general authority provided by the statute. The legal significance of this relationship is that it enables the Board to implement detailed regulations that ensure the sustainable management of wildlife resources within the framework established by the statute.

Provision 4

"D. It shall be unlawful to place, set, or fish any eel pot that has a mesh less ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning eel pots, as it falls under the Board's responsibility to regulate methods of capturing aquatic life to ensure sustainable practices. The legal significance of this authorization relationship is that it allows the Board to implement specific measures, such as mesh size and escape panels, to manage and protect fish populations effectively without needing to seek further legislative approval.

Provision 5

"E. The permit holder's last name and Virginia Department of Wildlife Resources ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's requirements for the identification and management of eel pots, as it pertains to the capture and possession of a specific species, thereby justifying the use of GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement detailed operational guidelines necessary for effective wildlife management within the scope of the statutory framework.

Provision 6

"F. American eels may be taken with eel pots in Back Bay and its natural tributar..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities concerning wildlife management, allowing the Board to regulate specific methods and locations for taking species, such as American eels, as outlined in the regulation. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife conservation and management, ensuring that specific practices align with the overarching statutory framework.

Provision 7

"G. It shall be unlawful for any person to ship or otherwise transport any packag..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the transportation of fish taken under an eel pot permit, as it directly relates to the transportation aspect outlined in the statute. The legal significance of this authorization relationship is that it allows the Board to establish necessary regulations to ensure compliance and management of wildlife resources under its jurisdiction.

Provision 8

"H. Failure to comply with the daily harvest and sales reporting requirements as ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's requirements for daily harvest and sales reporting, as it falls under the Board's authority to regulate the possession and sale of wildlife, ensuring compliance and accountability among permit holders. The legal significance of this relationship is that it allows the Board to enforce necessary reporting standards to manage wildlife resources effectively, thereby supporting conservation efforts and regulatory oversight.

Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc

4VAC15-350-10

Express

General

Overreach

Unauthorized

Requirements

Except as otherwise provided by local legislation and with the specific exceptions provided in the sections appearing in this chapter, it shall be unlawful to take or attempt to take fish at any time by snagging, grabbing, snaring, and gigging; with a striking iron; and with the use of SCUBA (Self-Contained Underwater Breathing Apparatus) gear.¹

Provision-Level Authorization Analysis

Provision 1

"Except as otherwise provided by local legislation and with the specific exceptio..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation prohibiting specific methods of taking fish, as it falls within the general scope of managing the capture and taking of fish, thereby justifying the GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations necessary for the effective management and conservation of wildlife resources under its jurisdiction.

Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc

4VAC15-350-20

Express

General

Overreach

Unauthorized

Requirements

the purpose of this section, a fishing spear is defined as an implement with a shaft and sharp point or tines designed to be thrusted or thrown by hand.¹ C. Daily creel (possession) and length limits for nongame fish are found in 4VAC15-320-25 .²

Provision-Level Authorization Analysis

Provision 1

"the purpose of this section, a fishing spear is defined as an implement with a s..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation defining a fishing spear, as it falls under the category of regulations pertaining to the taking and capture of fish, thereby allowing for the specification of tools used in such activities. The legal significance of this authorization relationship is that it enables the Board to create detailed regulations necessary for effective management and conservation of wildlife resources, ensuring clarity and compliance in the use of fishing implements.

Provision 2

"C. Daily creel (possession) and length limits for nongame fish are found in 4VAC..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments following the completion of necessary hearing and notice requirements. This broad grant of authority allows the board to establish specific rules, such as daily creel and length limits for nongame fish, under the umbrella of managing fish populations and ensuring sustainable practices. The legal significance of this authorization relationship is that it empowers the board to implement detailed regulatory measures that are essential for effective wildlife management without needing further legislative approval for each specific regulation.

Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc

4VAC15-350-30

Express

General

Overreach

Unauthorized

Requirements

River and its tributaries; Tazewell County, Dry Run Creek; Washington County, Middle and South Forks of the Holston River; Wise County, Clinch River.¹ The bag limit for taking suckers or red horse provided for in this section shall be 20 per day.²

Provision-Level Authorization Analysis

Provision 1

"River and its tributaries; Tazewell County, Dry Run Creek; Washington County, Mi..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically states that the board has the authority to adopt regulations and amendments to regulations only after completing all applicable hearing and notice requirements. The regulation lists specific waterways and locations, which may extend the board's authority beyond what is explicitly granted in the statute, as it does not clarify how these specific designations align with the broader regulatory framework intended by the statute. The legal significance of this relationship is that the regulation could be seen as overstepping the bounds of the board's authority, potentially infringing on areas not explicitly authorized by the statute.

Provision 2

"The bag limit for taking suckers or red horse provided for in this section shall..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the bag limit for taking suckers or red horse, as it falls within the category of regulations related to the taking of inland water fish. The legal significance of this authorization relationship is that it allows the Board to set specific limits and conditions for the management and conservation of fish populations, ensuring sustainable practices within the broader framework established by the statute.

Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc

4VAC15-350-40

Express

General

Overreach

Unauthorized

Requirements

Wolf and Big Walker's creeks in Giles County.¹ It shall be lawful to fish in the waters of Wolf and Big Walker's creeks from the New River in Giles County to the Bland County line for carp and suckers during the month of April each year by the use of line and grab hook containing not more than three barbs.²

Provision-Level Authorization Analysis

Provision 1

"Wolf and Big Walker's creeks in Giles County."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-501 specifically states that the Board may promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation regarding "Wolf and Big Walker's creeks in Giles County" does not pertain to any of the specified activities outlined in the statute, resulting in its UNAUTHORIZED status. The legal significance of this relationship is that without explicit statutory authority to regulate specific geographic locations or water bodies, the Board lacks the power to enforce such regulations.

Provision 2

"It shall be lawful to fish in the waters of Wolf and Big Walker's creeks from th..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses various aspects of wildlife management, including specific fishing practices, which is why the regulation allowing fishing for carp and suckers in designated waters during a specific time period falls under GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement detailed and localized regulations that address specific wildlife management needs without requiring further legislative approval.

Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc

4VAC15-350-50

Express

General

Overreach

Unauthorized

Requirements

Creek and north fork of Holston River in Bland County.¹ In Bland County it shall be lawful to take carp and suckers at any time from the waters of Walker's Creek, Wolf Creek (except that section stocked with trout) and the north fork of the Holston River by use of grab hook with not more than three barbs.²

Provision-Level Authorization Analysis

Provision 1

"Creek and north fork of Holston River in Bland County."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows the Board to regulate specific locations, such as the Creek and north fork of Holston River in Bland County, under the general authority to manage wildlife resources effectively. The legal significance of this relationship is that it enables the Board to implement regulations that are necessary for the conservation and management of wildlife, reflecting the intent of the statute to provide comprehensive oversight in this area.

Provision 2

"In Bland County it shall be lawful to take carp and suckers at any time from the..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation allowing the taking of carp and suckers in specific waters, as it falls under the category of "taking" and is consistent with the Board's responsibility to manage wildlife resources. The legal significance of this authorization relationship is that it allows the Board to establish specific rules for wildlife management, ensuring that regulations are adaptable to local conditions while remaining within the framework set by the statute.

Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc

4VAC15-350-60

Express

General

Overreach

Unauthorized

Requirements

A. Generally. Except as otherwise provided by local legislation and by subsections B and C of this section, and except on waters stocked with trout and within 600 feet of any dam, it shall be lawful to use trotlines, juglines (single hook, including one treble hook, and line attached to a float), limblines, or set poles for the purpose of taking nongame fish (daily creel (possession) and length limits for nongame fish are found in 4VAC15-320-25 ) and snapping turtles (limits for snapping turtles are found in 4VAC15-360-10 ), provided that no live bait is used. Notwithstanding the provisions of this section, live bait other than game fish may be used on trotlines to take catfish in the Clinch River in the Counties of Russell, Scott, and Wise. Any person setting or in possession of a trotline, jugline, limbline, or set pole shall have it clearly marked by permanent means with his name, address, and telephone number, and is required to check all lines at least once each day, remove all fish and animals caught, and completely remove all lines from the water, shoreline, and tree limbs when not in use. This requirement shall not apply to landowners on private ponds, nor to a bona fide tenant or lessee on private ponds within the bounds of land rented or leased, nor to anyone transporting any such device from its place of purchase.¹ B. Quantico Marine Reservation. It shall be unlawful to fish with trotlines in any waters within the confines of Quantico Marine Reservation.² C. Additional jugline requirements. Jugline sets (except as exempt under subsection A of this section) shall be restricted to 20 per angler and must be attended (within sight) by anglers at all times. Also, in addition to being labeled with the angler's name, address, and telephone number, jugs shall also be labeled with a reflective marker that encircles the jugs to allow for visibility at night.³

Provision-Level Authorization Analysis

Provision 1

"A. Generally. Except as otherwise provided by local legislation and by subsectio..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various activities concerning wild birds, wild animals, and inland water fish, including their hunting, taking, and transportation. This broad grant of authority allows the Board to establish specific rules, such as those governing the use of trotlines and juglines, under the general framework of managing wildlife resources, resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement detailed regulations necessary for effective wildlife management while ensuring compliance with the overarching statutory authority.

Provision 2

"B. Quantico Marine Reservation. It shall be unlawful to fish with trotlines in a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses various activities and locations, allowing the Board to regulate specific practices, such as the prohibition of trotlines in designated areas like Quantico Marine Reservation, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for the effective management and conservation of wildlife resources within the framework established by the statute.

Provision 3

"C. Additional jugline requirements. Jugline sets (except as exempt under subsect..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows the Board to establish specific requirements, such as those concerning juglines, as they pertain to the management and regulation of fishing practices. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for the effective oversight and conservation of wildlife resources within the scope of the authority granted by the statute.

Fish: Gigs, Grab Hooks, Trotlines, Snares, Etc

4VAC15-350-70

Express

General

Overreach

Unauthorized

Requirements

A. Season. Except as otherwise provided by local legislation or as posted, it shall be lawful to take common carp, northern snakehead, goldfish, and longnose gar from the public inland waters of the Commonwealth, grass carp from public rivers and streams of the Commonwealth except public inland lakes and reservoirs, and bowfin and catfish from below the fall line in tidal rivers of the Chesapeake Bay, except waters stocked with trout, by means of bow and arrow or crossbow.¹ B. Poison arrows or explosive-head arrows prohibited. It shall be unlawful to use poison arrows or arrows with explosive heads at any time in the public inland waters of the Commonwealth.² C. Fishing license required. All persons taking fish in the manner described in this section shall be required to have a regular fishing license.³ D. Creel limits. The creel limits for common carp, grass carp, northern snakehead, goldfish, and catfish shall be unlimited, provided that any angler taking northern snakehead immediately kill such fish and notify the department, as soon as practicable, of such actions and provided that any angler taking grass carp ensure that harvested fish are dead. The creel limit for bowfin and longnose gar shall be five fish per day from July 1 to April 14 and one fish per day from April 15 to June 30.⁴ E. Retention requirement. Any common carp, grass carp, northern snakehead, goldfish, catfish, longnose gar, or bowfin taken with bow and arrow or crossbow must be retained and may not be released back into or disposed of in the water. Any common carp, grass carp, northern snakehead, goldfish, longnose gar, or bowfin taken with bow and arrow or crossbow may not be disposed of on property abutting the body of water of capture. These requirements shall not apply to private bodies of water or private property abutting the body of water of capture.⁵

Provision-Level Authorization Analysis

Provision 1

"A. Season. Except as otherwise provided by local legislation or as posted, it sh..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities concerning specific species, allowing the regulation to establish lawful practices for taking certain fish from public waters without needing further specific legislative approval. The legal significance of this authorization relationship is that it empowers the Board to manage and regulate wildlife resources effectively, ensuring that regulations can adapt to changing circumstances while remaining within the framework established by the statute.

Provision 2

"B. Poison arrows or explosive-head arrows prohibited. It shall be unlawful to us..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation prohibiting the use of poison arrows or explosive-head arrows, as it relates to the methods of taking wildlife in public inland waters, which falls under the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to implement specific measures to ensure the conservation and management of wildlife resources, reflecting the intent of the statute to regulate hunting practices effectively.

Provision 3

"C. Fishing license required. All persons taking fish in the manner described in ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the taking and possession of wild animals and fish. This broad language encompasses the regulation requiring a fishing license, as it falls under the Board's authority to regulate the activities associated with the capture and possession of inland water fish. The legal significance of this relationship is that it allows the Board to implement necessary regulations to manage and conserve fish populations effectively, ensuring compliance through licensing requirements.

Provision 4

"D. Creel limits. The creel limits for common carp, grass carp, northern snakehea..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation's provisions regarding creel limits and specific requirements for handling certain species, thereby allowing the Board to exercise discretion in managing fish populations and ensuring compliance with conservation efforts. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations to protect wildlife while providing flexibility to address specific ecological and public safety concerns.

Provision 5

"E. Retention requirement. Any common carp, grass carp, northern snakehead, goldf..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. The regulation's requirement for the retention of certain fish species taken with specific methods falls within the Board's broad authority to regulate the taking and possession of wildlife, thereby justifying a GENERAL_DELEGATION. This authorization relationship allows the Board to implement necessary measures to manage fish populations and ensure compliance with conservation efforts without needing further specific legislative approval.

Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish

4VAC15-360-10

Express

General

Overreach

Unauthorized

Requirements

the purpose of this chapter, "fish bait" shall be defined as native or naturalized species of minnows and chubs (Cyprinidae), crayfish, and hellgrammites. The possession limit for taking "fish bait" shall be 50 individuals in aggregate, of which no more than 20 individuals may be crayfish, unless the person has purchased "fish bait" and has a receipt specifying the number of individuals purchased by species, except salamanders and crayfish, which cannot be sold pursuant to the provisions of 4VAC15-360-60 and 4VAC15-360-70 . However, stonerollers (hornyheads), fathead minnows, golden shiners, and goldfish may be taken and possessed in unlimited numbers as provided for in subdivision 1 of this subsection.¹ 4. Any crayfish collected for use as fish bait may only be used as fish bait in the water body of capture.² 5. The daily limit for bullfrogs shall be 15 and for snapping turtles shall be five. Snapping turtles shall only be taken from June 1 to September 30 and must have a minimum curved-line carapace length of 13 inches. Bullfrogs and snapping turtles may not be taken from the banks or waters of designated stocked trout waters.³ 6. The following species may not be taken or possessed in any number for private use: red-eared slider and all reptile and amphibian Species of Greatest Conservation Need designated in Virginia's 2015 Wildlife Action Plan.⁴ 7. Native amphibians and reptiles, as defined in 4VAC15-20-50 , that are captured within the Commonwealth and possessed live for private use and not for sale may be liberated under the following conditions: a. Period of captivity does not exceed 30 days; b. Animals must be liberated at the site of capture; c. Animals must have been housed separately from other wild-caught and domestic animals; and d. Animals that demonstrate symptoms of disease or illness or that have sustained injury during their captivity may not be released.⁵ 8. Native or naturalized amphibians and reptiles, as defined in 4VAC15-20-50 , may not be taken or possessed in any number from state or federal land without an appropriate permit or license.⁶ B. Methods of taking species in subsection A of this section. Except as otherwise provided for in the Code of Virginia, 4VAC15-20-130 , 4VAC15-320-40 , and other regulations of the board, and except in any waters where the use of nets is prohibited, the species listed in subsection A of this section may only be taken (i) by hand, hook, and line; (ii) with a seine not exceeding four feet in depth by 10 feet in length; (iii) with an umbrella type net not exceeding five by five feet square; (iv) by small minnow traps with throat openings no larger than one inch in diameter; (v) with cast nets; and (vi) with hand-held bow nets with diameter not to exceed 20 inches and handle length not to exceed eight feet. Such cast net and hand-held bow nets when so used shall not be deemed dip nets under the provisions of § 29.1-416 of the Code of Virginia. Gizzard shad and white perch may also be taken from below the fall line in all tidal rivers of the Chesapeake Bay using a gill net in accordance with Virginia Marine Resources Commission recreational fishing regulations. Bullfrogs may also be taken by gigging or bow and arrow and, from private waters, by firearms no larger than.22 caliber rimfire. Snapping turtles may be taken for personal use with hoop nets not exceeding six feet in length with a throat opening not exceeding 36 inches.⁷ C. Areas restricted from taking mollusks. Except as provided for in §§ 29.1-418 and 29.1-568 of the Code of Virginia, it shall be unlawful to take the spiny riversnail (Io fluvialis) in the Tennessee drainage in Virginia (Clinch, Powell, and the North, South, and Middle Forks of the Holston Rivers and tributaries). It shall be unlawful to take mussels from any inland waters of the Commonwealth.⁸ D. Areas restricted from taking crustaceans. Except for the permitted collection of specimens as provided for in § 29.1-418 of the Code of Virginia or the permitted taking for zoological, educational, or scientific purposes as provided for in § 29.1-568 of the Code of Virginia, it shall be unlawful to take any species of crayfish in the Big Sandy River Basin in Virginia (Russell Fork, Pound River, Cranes Nest River, McClure River, Levisa Fork, Dismal Creek, Knox Creek, and tributaries).⁹ E. Reduction of possession limits for native and naturalized amphibians and reptiles. Any person in possession of legally obtained native and naturalized amphibians and reptiles, as defined in 4VAC15-20-50 , prior to the change in personal possession allowances in subsection A of this section, effective July 1, 2021, must declare such possession to the department by January 1, 2022, in a manner prescribed by the department. This declaration shall serve as authorization for possession only and is not transferable.¹⁰

Provision-Level Authorization Analysis

Provision 1

"the purpose of this chapter, "fish bait" shall be defined as native or naturaliz..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation defining "fish bait" and establishing possession limits, as it pertains to the taking and possession of aquatic species, which falls under the Board's regulatory purview. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations necessary for the management and conservation of wildlife resources, ensuring compliance with the overarching statutory framework.

ADDITIONAL AUTHORITY § 29.1-418

Provision 2

"4. Any crayfish collected for use as fish bait may only be used as fish bait in ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the use of crayfish as fish bait, as it pertains to the capture and use of a wild aquatic species within a specified context. The legal significance of this authorization relationship is that it allows the Board to establish specific guidelines that ensure the sustainable management of wildlife resources, reflecting the intent of the statute to regulate activities affecting these species.

ADDITIONAL AUTHORITY § 29.1-418

Provision 3

"5. The daily limit for bullfrogs shall be 15 and for snapping turtles shall be f..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish specific limits and conditions for the taking of particular species, such as bullfrogs and snapping turtles, which aligns with the regulation's stipulations on daily limits and seasonal restrictions. The legal significance of this authorization relationship is that it empowers the Board to manage wildlife resources effectively while ensuring compliance with established regulations, thereby promoting conservation and sustainable use.

ADDITIONAL AUTHORITY § 29.1-418

Provision 4

"6. The following species may not be taken or possessed in any number for private..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation prohibiting the taking or possession of certain species, as it falls within the Board's purview to manage wildlife conservation and ensure the protection of species deemed vulnerable. The legal significance of this authorization relationship is that it allows the Board to implement necessary conservation measures without needing further legislative approval, thereby facilitating timely and effective wildlife management.

ADDITIONAL AUTHORITY § 29.1-418

Provision 5

"7. Native amphibians and reptiles, as defined in 4VAC15-20-50 , that are capture..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the capture and liberation of native amphibians and reptiles, as it relates to the possession and treatment of wildlife within the Commonwealth. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations that manage wildlife conservation and ensure compliance with the overarching statutory framework.

ADDITIONAL AUTHORITY § 29.1-418

Provision 6

"8. Native or naturalized amphibians and reptiles, as defined in 4VAC15-20-50 , m..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning native or naturalized amphibians and reptiles, as it addresses the taking and possession of wildlife, thereby justifying a GENERAL_DELEGATION for the regulation. The legal significance of this relationship is that it allows the Board to implement necessary measures for the management and conservation of wildlife, ensuring that the regulation aligns with the overarching statutory framework.

ADDITIONAL AUTHORITY § 29.1-418

Provision 7

"B. Methods of taking species in subsection A of this section. Except as otherwis..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad grant of authority allows the Board to establish detailed methods for taking species, as outlined in the regulation, without requiring additional legislative approval, resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it enables the Board to effectively manage wildlife resources and respond to changing conditions or needs in a timely manner while operating within the framework established by the statute.

CROSS-REFERENCE § 29.1-416

Referenced in regulation context: § 29.1-416 of the Code of Virginia

ADDITIONAL AUTHORITY § 29.1-418

Provision 8

"C. Areas restricted from taking mollusks. Except as provided for in §§ 29.1-418 ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the prohibition of taking the spiny riversnail in specific areas, as it falls under the Board's authority to regulate the taking of wildlife and aquatic species. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures for the conservation and management of wildlife resources, ensuring that specific species are protected within the framework established by the statute.

CROSS-REFERENCE § 29.1-568

Referenced in regulation context: 29.1-568 of the Code of Virginia

ADDITIONAL AUTHORITY § 29.1-418

Provision 9

"D. Areas restricted from taking crustaceans. Except for the permitted collection..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the restriction of taking crustaceans, as it falls within the general scope of managing wildlife resources and ensuring sustainable practices. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to protect wildlife while maintaining flexibility in addressing various aspects of wildlife management.

CROSS-REFERENCE § 29.1-568

Referenced in regulation context: § 29.1-568 of the Code of Virginia

ADDITIONAL AUTHORITY § 29.1-418

Provision 10

"E. Reduction of possession limits for native and naturalized amphibians and rept..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the reduction of possession limits for native and naturalized amphibians and reptiles, as it falls within the general framework of managing the possession of wildlife. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure the sustainable management and conservation of wildlife populations without needing to seek further specific legislative approval for each regulation.

ADDITIONAL AUTHORITY § 29.1-418

Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish

4VAC15-360-20

Express

General

Overreach

Unauthorized

Requirements

Virginia or out-of-state.¹

Provision-Level Authorization Analysis

Provision 1

"Virginia or out-of-state."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for a wide range of regulatory actions, including those that pertain to both in-state and out-of-state activities, thereby justifying the GENERAL_DELEGATION authorization level. The legal significance of this relationship is that it empowers the Board to create comprehensive regulations that effectively manage wildlife resources without the need for further specific legislative approval.

Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish

4VAC15-360-30

Express

General

Overreach

Unauthorized

Requirements

A. It shall only be lawful to take and sell snapping turtles with a Permit to Collect and Sell Snapping Turtles and Hellgrammites. The director may issue, deny, modify, suspend, or revoke a Permit to Collect and Sell Snapping Turtles and Hellgrammites. Such permits shall be valid provided that the harvest of snapping turtles is not otherwise prohibited by state or federal law or regulation. To be eligible to harvest snapping turtles, an applicant must be a Virginia resident and submit an annual report.¹ 1. It shall be unlawful to harvest any snapping turtle with less than a 13-inch curved carapace length.² 2. It shall be unlawful to harvest snapping turtles from October 1 through May 31.³ 3. It shall be unlawful for permit holders to take any species other than snapping turtles.⁴ 4. The department will issue a maximum of 25 permits per year. No more than one individual residing at a single address may be issued a permit. Permits are not transferable.⁵ 5. It shall be unlawful to operate more than 20 traps per permit. The permit number or name and address of the permit holder shall be marked on all traps.⁶ 6. Hoop nets or similar homemade traps shall be the only lawful form of trapping snapping turtles. Hoop nets or other traps shall not exceed six feet in length with a throat opening that does not exceed 36 inches.⁷ 7. Permit holders must check all traps at least once each day and remove all captured animals.⁸ 8. Permit applications will be issued in the order received, to the maximum annual number.⁹ 9. Failure to comply with the harvest and sales reporting requirements as detailed in conditions of the permit shall be unlawful and may result in immediate permit revocation and loss of harvest privileges for a minimum of one year.¹⁰ 10. It shall be the permit holder's responsibility to report "no activity" when no activity occurs during the permit period.¹¹ B. It shall only be lawful to take and sell hellgrammites with a Permit to Collect and Sell Snapping Turtles and Hellgrammites or a Permit to Hold and Sell Certain Wildlife under such restrictions and conditions as the board may prescribe.¹² C. It shall be lawful to hold and sell crayfish with a Permit to Hold and Sell Certain Wildlife under such restrictions as the board may prescribe.¹³

Provision-Level Authorization Analysis

Provision 1

"A. It shall only be lawful to take and sell snapping turtles with a Permit to C..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning the issuance of permits for the taking and selling of snapping turtles and hellgrammites, as it falls within the categories of taking and selling wildlife. The legal significance of this authorization relationship is that it allows the Board to manage and regulate specific wildlife activities through permits, ensuring sustainable practices while adhering to the overarching statutory framework.

Provision 2

"1. It shall be unlawful to harvest any snapping turtle with less than a 13-inch ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the harvesting of snapping turtles, as it falls under the category of taking and possession of wild animals, thus justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to establish specific rules, such as size limits for harvesting, to manage wildlife populations effectively and ensure sustainable practices.

Provision 3

"2. It shall be unlawful to harvest snapping turtles from October 1 through May 3..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation prohibiting the harvesting of snapping turtles during a specified period, as it relates directly to the taking of a wild animal. The legal significance of this authorization relationship is that it allows the Board to implement necessary conservation measures without requiring further legislative approval, thereby facilitating effective wildlife management.

Provision 4

"3. It shall be unlawful for permit holders to take any species other than snappi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation that prohibits permit holders from taking any species other than snapping turtles, as it falls within the scope of managing the taking and possession of wildlife. The legal significance of this authorization relationship is that it allows the Board to implement specific regulations to ensure the conservation and management of wildlife resources under its general authority.

Provision 5

"4. The department will issue a maximum of 25 permits per year. No more than one ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation's stipulation on the issuance of permits, as it falls within the realm of managing the taking and possession of wildlife, thereby justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to establish specific operational guidelines necessary for effective wildlife management while remaining within the framework set by the statute.

Provision 6

"5. It shall be unlawful to operate more than 20 traps per permit. The permit num..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation regarding the operation of traps, as it pertains to the capture and taking of wild animals, thereby justifying GENERAL_DELEGATION. The legal significance of this relationship is that it allows the Board to implement necessary regulations to manage wildlife resources effectively while ensuring compliance with the overarching statutory framework.

Provision 7

"6. Hoop nets or similar homemade traps shall be the only lawful form of trapping..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses various methods of capturing wildlife, including the specification of lawful trapping methods and equipment, which is directly addressed by the regulation regarding hoop nets for snapping turtles. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations that ensure the sustainable management and protection of wildlife, reflecting the intent of the statute to regulate interactions with these species effectively.

Provision 8

"7. Permit holders must check all traps at least once each day and remove all cap..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows for the establishment of regulations that ensure the humane treatment and management of wildlife, which directly supports the requirement for permit holders to check traps daily and remove captured animals. The legal significance of this authorization relationship is that it empowers the Board to implement necessary measures for wildlife conservation and ethical practices, reflecting the intent of the statute to regulate interactions with wildlife comprehensively.

Provision 9

"8. Permit applications will be issued in the order received, to the maximum annu..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of procedures, such as the order of permit applications, which directly supports the management and regulation of wildlife resources. The legal significance of this authorization relationship is that it enables the Board to implement necessary regulatory frameworks to ensure sustainable practices in wildlife management without needing to seek further legislative approval for each specific regulation.

Provision 10

"9. Failure to comply with the harvest and sales reporting requirements as detail..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations concerning the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation by allowing the Board to establish necessary conditions for permits, including compliance with harvest and sales reporting requirements, which are essential for effective management and conservation of wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to enforce compliance through permit revocation and loss of privileges, ensuring adherence to regulations that protect wildlife and regulate their use.

Provision 11

"10. It shall be the permit holder's responsibility to report "no activity" when ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad language allows for the establishment of regulations that ensure accountability and reporting requirements, such as the obligation for permit holders to report "no activity," which falls within the scope of managing wildlife interactions. The legal significance of this relationship is that it enables the Board to implement necessary oversight measures under a GENERAL_DELEGATION framework, ensuring effective regulation of wildlife activities while maintaining flexibility in enforcement and compliance.

Provision 12

"B. It shall only be lawful to take and sell hellgrammites with a Permit to Colle..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the lawful taking and selling of hellgrammites, as it falls under the categories of taking and selling wildlife, allowing the Board to establish specific permits and conditions. The legal significance of this authorization relationship is that it enables the Board to create detailed regulations that ensure the sustainable management and conservation of wildlife resources while remaining within the scope of the authority granted by the statute.

Provision 13

"C. It shall be lawful to hold and sell crayfish with a Permit to Hold and Sell C..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the holding and selling of crayfish, as it falls under the category of possession and sale of wildlife, allowing the Board to establish specific conditions for such activities. The legal significance of this authorization relationship is that it enables the Board to implement detailed regulations necessary for managing wildlife resources effectively while ensuring compliance with overarching statutory provisions.

Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish

4VAC15-360-40

Express

General

Overreach

Unauthorized

Requirements

Releasing game fish from nets, traps, etc. It shall be unlawful in the inland waters of the Commonwealth to take game fish in a seine, net pot or trap, and all game fish caught in such seines, nets, pots or traps shall immediately be returned without injury to the waters from which taken.¹

Provision-Level Authorization Analysis

Provision 1

"Releasing game fish from nets, traps, etc. It shall be unlawful in the inland wa..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the taking, capture, and possession of wild animals and fish. This broad language encompasses the regulation concerning the unlawful taking of game fish in specific methods, as it directly pertains to the capture and handling of wild fish, thereby justifying a GENERAL_DELEGATION of authority. The legal significance of this relationship is that it allows the Board to implement regulations that ensure the conservation and management of fish populations in the Commonwealth's inland waters without needing further specific legislative approval.

Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish

4VAC15-360-50

Express

General

Overreach

Unauthorized

Requirements

It shall be lawful to propagate and sell certain native species of captive bred amphibians and reptiles with a Permit to Propagate and Sell Certain Wildlife or a Permit to Hold and Sell Certain Wildlife under such restrictions and conditions as the board may prescribe.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be lawful to propagate and sell certain native species of captive bred ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation regarding the propagation and sale of certain native species of captive bred amphibians and reptiles, as it falls within the general categories of possession and sale of wildlife, allowing the Board to set conditions as deemed necessary. The legal significance of this authorization relationship is that it empowers the Board to regulate wildlife management comprehensively, ensuring that specific practices, such as the sale of captive bred species, are conducted under controlled and sustainable conditions.

Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish

4VAC15-360-60

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to sell any species of madtom (Noturus sp.) and any species of salamander with the exception of nonnative newts (Salamandridae) and Mexican axolotls (Ambystoma mexicanum).¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to sell any species of madtom (Noturus sp.) and any species..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations regarding the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the regulation of specific species, such as madtoms and salamanders, under the categories of possession and sale, resulting in GENERAL_DELEGATION because the regulation falls within the scope of the authority granted by the statute. The legal significance of this authorization relationship is that it empowers the Board to create specific rules to manage and protect wildlife resources effectively, ensuring compliance with the overarching statutory framework.

Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish

4VAC15-360-70

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to sell any species of crayfish (Superfamily Astacoidea) live as bait or for personal use, except for personal consumption.¹

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to sell any species of crayfish (Superfamily Astacoidea) li..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses the regulation concerning the sale of crayfish, as it pertains to the possession and sale of a wild aquatic species, thereby fitting within the scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to implement necessary measures to manage and protect wildlife resources effectively, ensuring compliance with conservation goals.

Watercraft: in General

4VAC15-370-20

Express

General

Overreach

Unauthorized

Requirements

On and after October 1, 1968, each life preserver required by § 29.1-736 of the Code of Virginia to be provided by person regularly offering boats other than motorboats for rent shall be of a type manufactured in accordance with specifications established by the Commandant, United States Coast Guard, shall be in good and serviceable condition, and shall bear legible original manufacturer's marking or label showing United States Coast Guard approval number for such device.¹

Provision-Level Authorization Analysis

Provision 1

"On and after October 1, 1968, each life preserver required by § 29.1-736 of the ..."

General Delegation

AUTHORIZING STATUTE § 29.1-736

It shall be unlawful to rent a motorboat to any person unless the provisions of this chapter have been complied with It shall be the duty of persons renting motorboats to equip them as required by this chapter It shall be unlawful for any person, without first successfully completing a basic boating safety education course approved by the Director, to rent a personal watercraft to another person

ANALYSIS

§ 29.1-736 specifically grants authority to regulate the rental of motorboats and personal watercraft, emphasizing compliance with safety provisions and the duty of renters to equip boats accordingly. This broad grant of authority encompasses the regulation requiring life preservers to meet specific manufacturing standards, as it directly relates to the safety equipment mandated for vessels rented under the statute. The legal significance of this authorization relationship is that it allows for the establishment of detailed safety regulations that ensure compliance with the overarching statutory requirements, thereby promoting public safety in boating activities.

CROSS-REFERENCE § 29.1-736

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 7. Boating Laws › Article 3. Boating Safety › § 29.1-736. Boat rentals; equipment; safety course A. It shall be unlawful to rent a motorboat to any person unless the provisions of this chapter have been complied with. It shall be the duty ...

Watercraft: in General

4VAC15-370-40

Express

General

Overreach

Unauthorized

Requirements

Dam and Leesville Dam.¹ It shall be unlawful to operate or anchor any vessel within 600 feet below the John H.² Kerr Dam or within 600 feet below the Leesville Dam.³

Provision-Level Authorization Analysis

Provision 1

"Dam and Leesville Dam."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities and allows for the establishment of regulations that address specific locations and practices, such as those pertaining to the Dam and Leesville Dam, thereby justifying the use of GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed and context-specific regulations necessary for effective wildlife management and conservation within the framework established by the statute.

Provision 2

"It shall be unlawful to operate or anchor any vessel within 600 feet below the J..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows for the establishment of regulations that ensure the protection and management of wildlife resources, which can encompass regulations regarding vessel operation in areas critical to these resources. The legal significance of this authorization relationship is that it empowers the Board to implement necessary measures to safeguard wildlife habitats and ensure sustainable practices without needing to specify every potential regulation in the statute itself.

Provision 3

"Kerr Dam or within 600 feet below the Leesville Dam."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to make rules and regulations deemed necessary for effective administration. This broad language empowers the Board to establish regulations related to specific locations, such as the Kerr Dam and the Leesville Dam, as it falls within the scope of necessary rules for effective management of the chapter's provisions. The legal significance of this authorization relationship is that it allows for flexibility in regulation, enabling the Board to address specific circumstances and locations while remaining within the overarching framework established by the statute.

Watercraft: in General

4VAC15-370-45

Express

General

Overreach

Unauthorized

Requirements

Before leaving the area where the watercraft has been removed from the water, all aquatic vegetation must be removed from the vessel, trailer, and equipment.¹ At the same time, watercraft operators must also remove or open water drain plugs from bilges of watercraft.² Operators shall take reasonable measures to dry bilges, livewells, baitwells, and ballast tanks on a watercraft before it is used on another body of water.³

Provision-Level Authorization Analysis

Provision 1

"Before leaving the area where the watercraft has been removed from the water, al..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to implement regulations that address various aspects of watercraft management, including the removal of aquatic vegetation, which is essential for environmental protection and compliance with waterway management. The legal significance of this authorization relationship is that it empowers the Board to enact necessary measures to safeguard aquatic ecosystems, reflecting the legislative intent to provide the agency with flexibility in regulation.

Provision 2

"At the same time, watercraft operators must also remove or open water drain plug..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to implement regulations that address various aspects of watercraft operation, including safety measures such as the removal or opening of water drain plugs from bilges, which is essential for preventing water accumulation and potential hazards. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations without needing further legislative approval, ensuring effective management and safety in watercraft operations.

Provision 3

"Operators shall take reasonable measures to dry bilges, livewells, baitwells, an..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to implement measures, such as requiring operators to take reasonable actions to prevent the transfer of aquatic species between water bodies, which aligns with the overarching goal of protecting natural resources. The legal significance of this relationship is that it empowers the Board to address environmental concerns through regulations that are necessary for the effective management of watercraft operations, thereby ensuring compliance with the statutory mandate.

Watercraft: in General

4VAC15-370-50

Express

General

Overreach

Unauthorized

Requirements

A. Under the provisions of Chapter 7 of Title 29.1 of the Code of Virginia a system of regulatory markers and a lateral buoyage marking system of aids to navigation are hereby adopted on all public waters of the Commonwealth not marked by an agency of the United States. Regulatory markers will be white with international orange bands. A vertical open-faced diamond shape with a white center shall denote danger. A vertical open-faced diamond shape with an inside cross shall denote a prohibition of all vessels. A circular shape with a white center shall denote a control or restriction. A rectangular shape shall denote information other than a danger, control or restriction. No regulatory marker, aid to navigation or other waterway marker affecting the safety, health or well-being of a boat operator, excepting those placed by an agency of the United States or a political subdivision of this Commonwealth as authorized in § 29.1-744 D of the Code of Virginia, shall be placed in, on or near the water unless authorized by the department.¹ B. When buoys are used as regulatory markers, they shall be white with horizontal bands of international orange, having a minimum width of two inches, placed completely around the buoy circumference. One band shall be at the top of the buoy, with a second band placed just above the waterline so that both bands are clearly visible to approaching watercraft. The area of the buoy body visible between the two bands shall be white and not less than 12 inches in height. No buoy shall be less than 24 inches in overall height from the waterline.² C. Where a regulatory marker consists of a sign displayed from a marine structure, post or piling, the sign shall be white, with an international orange border having a minimum width of three inches. The geometric shape associated with the meaning of the marker shall be centered on the signboard.³ D. The size of the display area shall be as required by circumstances, except that no display area shall be smaller than one foot in height. The outside width of the diamond, the inner diameter of the circle, and the average of the inside and outside widths of a square shall be two-thirds of the display area. The side of the diamond shall slope at a 35° angle from the vertical on the plane surface. Approximate adjustments for curvature may be made when applied to a cylindrical surface.⁴ E. Explanatory words may be added outside the diamond with a center cross, the open diamond and the no wake circle on fixed markers only, and shall be added to the inside of the circle, square and rectangle. The letters of such words shall be black, in block characters of good proportion, spaced in a manner that will provide maximum legibility, and of a size that will provide the necessary degree of visibility. Applicable words include, but are not limited to: 1. Open faced diamond: rock, snag, cable, dam, dredge, shoal, reef, wreck.⁵ 2. Diamond with cross: dam, swim area, rapids, no boats.⁶ 3. Circle: no skiing, no wake, no anchoring, no fishing, no scuba, no boats, ski only, fishing only, for wording inside the circle; and entering no wake zone, leaving no wake zone, for wording outside the circle.⁷ 4. Square or rectangle: information other than a danger, control or restriction, which may contribute to health, safety, or well-being of boaters, such as place names, arrows indicating availability of gas, oil, groceries, marine repairs, limits of controlled areas, or approaching controlled area.⁸ F. Waterway markers shall be made of materials that will retain the characteristics essential to their basic significance, such as color, shape, legibility and position, despite weather or other exposures.⁹ G. Regulatory markers shall be placed where they are reasonably visible from boats approaching the marker and the visibility of the marker shall be maintained.¹⁰ H. Written approval of the department must be obtained before relocation of any marker.¹¹ I. The person responsible for the marker shall immediately notify the department when any approved marker is removed or destroyed. Such marker shall be replaced without unnecessary delay.¹² J. After notification to the person responsible for the marker, the department may cancel for reasonable cause any marker authorization. Such marker shall be removed by the person responsible for the marker without unnecessary delay. Should the marker not be removed within a reasonable amount of time, the department may remove the marker or have it removed at the expense of the person responsible for the marker.¹³ K. The political subdivision or agency making application shall certify that the markers to be installed conform to the above provisions.¹⁴ L. It shall be unlawful to enter, use, or occupy public waters for a purpose contrary to the use indicated on markers authorized by the department, or placed by an agency of the Unites States or a political subdivision of this Commonwealth.¹⁵ M. It shall be unlawful to moor or attach a vessel to a marker other than an approved mooring buoy, or move, remove, displace, tamper with, damage or destroy a marker authorized by the department, placed by an agency of the United States or placed by a political subdivision of this Commonwealth.¹⁶

Provision-Level Authorization Analysis

Provision 1

"A. Under the provisions of Chapter 7 of Title 29.1 of the Code of Virginia a sys..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

The Board is authorized upon application by a political subdivision or its own motion to make special or general rules and regulations with reference to the safe and reasonable operation of vessels on any waters within the territorial limits of any political subdivision of this Commonwealth

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create special or general rules and regulations regarding the safe and reasonable operation of vessels on waters within any political subdivision of the Commonwealth. This broad grant of authority allows the Board to implement a system of regulatory markers and aids to navigation, as it falls within the scope of ensuring safe vessel operation on public waters not marked by federal agencies. The legal significance of this relationship is that it empowers the Board to establish necessary regulations without needing further specific authorization, thereby facilitating effective management of navigation safety across the Commonwealth's waters.

ADDITIONAL AUTHORITY § 29.1-744

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 7. Boating Laws › Article 3. Boating Safety › § 29.1-744. Local regulation; application for placement or removal of "no wake" buoys, etc A. Any political subdivision of this Commonwealth may, at any time, but only after public notice, form...

Provision 2

"B. When buoys are used as regulatory markers, they shall be white with horizonta..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after completing all necessary hearing and notice requirements. This broad grant of authority allows the board to establish detailed specifications, such as the design and appearance of regulatory markers, which are necessary for effective implementation and enforcement of navigational safety measures. The legal significance of this relationship is that it empowers the board to create specific regulations that operationalize the general authority provided by the statute, ensuring clarity and consistency in regulatory practices.

ADDITIONAL AUTHORITY § 29.1-744

Provision 3

"C. Where a regulatory marker consists of a sign displayed from a marine structur..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically states that the Board is authorized to make special or general rules and regulations regarding the safe and reasonable operation of vessels on waters within the territorial limits of any political subdivision. This broad grant of authority allows the Board to establish detailed regulations, such as those governing the design and display of regulatory markers, to ensure safety and clarity for vessel operation. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations without needing further specific legislative approval, thereby facilitating effective governance and safety measures in maritime contexts.

ADDITIONAL AUTHORITY § 29.1-744

Provision 4

"D. The size of the display area shall be as required by circumstances, except th..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create special or general rules and regulations regarding the safe and reasonable operation of vessels within the territorial limits of political subdivisions. This broad grant of authority allows the Board to establish regulations that address various operational aspects, including specific requirements for display areas, which are necessary for ensuring safety and compliance in vessel operations. The legal significance of this relationship is that it empowers the Board to implement detailed regulations under a GENERAL_DELEGATION framework, ensuring that the regulations align with the overarching goal of safe vessel operation as outlined in the statute.

ADDITIONAL AUTHORITY § 29.1-744

Provision 5

"E. Explanatory words may be added outside the diamond with a center cross, the o..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create special or general rules and regulations regarding the safe and reasonable operation of vessels on waters within the territorial limits of any political subdivision. This broad grant of authority allows the Board to establish detailed regulations, such as those concerning the placement and appearance of markers, under the umbrella of ensuring safe vessel operation. The legal significance of this relationship is that it empowers the Board to implement specific measures that enhance safety and clarity on the water, reflecting the intent of the statute to facilitate effective governance of vessel operations.

ADDITIONAL AUTHORITY § 29.1-744

Provision 6

"2. Diamond with cross: dam, swim area, rapids, no boats."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create special or general rules and regulations concerning the safe and reasonable operation of vessels on waters within the territorial limits of any political subdivision. This broad language allows for the establishment of regulations that address various aspects of water safety, such as designating areas where boating is prohibited, which is reflected in the regulation concerning a dam, swim area, and rapids. The legal significance of this relationship is that it empowers the Board to implement necessary safety measures without requiring further legislative action, ensuring effective management of waterway safety.

ADDITIONAL AUTHORITY § 29.1-744

Provision 7

"3. Circle: no skiing, no wake, no anchoring, no fishing, no scuba, no boats, ski..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation by allowing the Board to establish specific rules regarding activities that affect wildlife and their habitats, including restrictions on water activities that could impact fish populations. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations that ensure the protection and management of wildlife resources, reflecting the intent of the statute to regulate interactions with these natural resources effectively.

ADDITIONAL AUTHORITY § 29.1-744

Provision 8

"4. Square or rectangle: information other than a danger, control or restriction,..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create rules and regulations regarding the safe and reasonable operation of vessels within the waters of political subdivisions. This broad language allows for the establishment of regulations that address various aspects of boating safety and well-being, including the provision of information that enhances the experience of boaters, thus justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement regulations that promote safety and well-being without needing to seek specific legislative approval for each individual rule, thereby facilitating effective governance in maritime operations.

ADDITIONAL AUTHORITY § 29.1-744

Provision 9

"F. Waterway markers shall be made of materials that will retain the characterist..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create rules and regulations regarding the operation of vessels on waters within the territorial limits of political subdivisions. This broad grant of authority allows the Board to establish standards for waterway markers, as ensuring their visibility and durability directly relates to the safe and reasonable operation of vessels. The legal significance of this relationship is that it empowers the Board to implement necessary regulations without needing further specific legislative approval, thereby facilitating effective governance and safety measures in navigable waters.

ADDITIONAL AUTHORITY § 29.1-744

Provision 10

"G. Regulatory markers shall be placed where they are reasonably visible from boa..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create rules and regulations regarding the safe and reasonable operation of vessels within the territorial limits of political subdivisions. This broad language allows the Board to establish regulations that ensure visibility and safety for vessels, such as the requirement for regulatory markers to be placed where they are reasonably visible and maintained. The legal significance of this relationship is that it empowers the Board to implement necessary measures for vessel safety without needing further specific legislative approval, thereby facilitating effective governance in maritime operations.

ADDITIONAL AUTHORITY § 29.1-744

Provision 11

"H. Written approval of the department must be obtained before relocation of any ..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create rules and regulations concerning the safe and reasonable operation of vessels within the waters of political subdivisions. This broad grant of authority allows the Board to establish requirements, such as obtaining written approval before relocating markers, as it falls under the general mandate to ensure safe operations on these waters. The legal significance of this relationship is that it empowers the Board to implement necessary measures to regulate vessel operations effectively, reflecting the intent of the statute to maintain safety and order in navigable waters.

ADDITIONAL AUTHORITY § 29.1-744

Provision 12

"I. The person responsible for the marker shall immediately notify the department..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create rules and regulations regarding the operation of vessels within the territorial limits of political subdivisions. This broad language allows for the establishment of regulations that ensure safety and reasonable operation, which encompasses the requirement for immediate notification and replacement of markers, as it directly relates to the safe operation of vessels. The legal significance of this relationship is that it empowers the Board to implement necessary measures to maintain safety standards without needing specific legislative approval for each regulation, thus facilitating efficient governance.

ADDITIONAL AUTHORITY § 29.1-744

Provision 13

"J. After notification to the person responsible for the marker, the department m..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create rules and regulations regarding the operation of vessels on waters within the territorial limits of any political subdivision. This broad grant of authority allows the Board to implement regulations that ensure safe and reasonable practices, such as the cancellation of marker authorizations, which falls within the scope of maintaining safe vessel operations. The legal significance of this relationship is that it empowers the Board to take necessary actions to uphold safety standards without requiring further specific legislative approval, thereby facilitating effective governance.

ADDITIONAL AUTHORITY § 29.1-744

Provision 14

"K. The political subdivision or agency making application shall certify that the..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create special or general rules and regulations regarding the operation of vessels on waters within any political subdivision of the Commonwealth. This broad authorization allows the Board to delegate responsibilities to political subdivisions, such as the requirement for them to certify compliance with marker installation provisions, which falls under the general regulatory framework established by the statute. The legal significance of this relationship is that it empowers local entities to manage specific aspects of vessel operation, ensuring that regulations are tailored to local conditions while maintaining oversight from the Board.

ADDITIONAL AUTHORITY § 29.1-744

Provision 15

"L. It shall be unlawful to enter, use, or occupy public waters for a purpose con..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create special or general rules and regulations regarding the safe and reasonable operation of vessels on waters within the territorial limits of any political subdivision. This broad grant of authority allows the Board to regulate the use of public waters, as reflected in the regulation that prohibits entering or using these waters contrary to designated markers, thereby ensuring safety and compliance with established guidelines. The legal significance of this relationship is that it empowers the Board to implement regulations that are necessary for the effective management and protection of public waterways, aligning with the overarching intent of the statute.

ADDITIONAL AUTHORITY § 29.1-744

Provision 16

"M. It shall be unlawful to moor or attach a vessel to a marker other than an app..."

General Delegation

AUTHORIZING STATUTE § 29.1-744

ANALYSIS

§ 29.1-744 specifically grants the Board the authority to create special or general rules and regulations concerning the safe and reasonable operation of vessels within the waters of any political subdivision in the Commonwealth. This broad grant of authority allows the Board to regulate various aspects of vessel operation, including the mooring and protection of markers, which is directly addressed in the regulation. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that ensure safety and order on the waters, reflecting the intent of the statute to maintain control over vessel operations within its jurisdiction.

ADDITIONAL AUTHORITY § 29.1-744

Watercraft: in General

4VAC15-370-51

Express

General

Overreach

Unauthorized

Requirements

The person responsible for a regulatory marker or aid to navigation shall maintain such marker or aid to ensure visibility, readability and proper placement of the marker or aid to navigation.¹ The department may remove, have removed or require removal of any marker not maintained or repaired.² All costs of removal shall be borne by the person responsible for the marker.³

Provision-Level Authorization Analysis

Provision 1

"The person responsible for a regulatory marker or aid to navigation shall mainta..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that ensure the maintenance and proper functioning of regulatory markers or aids to navigation, as required by the regulation. The legal significance of this relationship is that it empowers the Board to implement necessary measures for public safety and navigation without needing further legislative approval, thereby facilitating effective governance.

Provision 2

"The department may remove, have removed or require removal of any marker not mai..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language empowers the Board to implement regulations that facilitate the management and maintenance of markers, which includes the authority to remove or require the removal of markers that are not properly maintained. The legal significance of this authorization relationship is that it provides the Board with the flexibility to address issues related to marker maintenance through regulation, ensuring effective oversight and enforcement in line with its statutory mandate.

Provision 3

"All costs of removal shall be borne by the person responsible for the marker."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish regulations that ensure proper management and accountability in activities associated with wildlife, which encompasses the regulation requiring that all costs of removal be borne by the responsible party. The legal significance of this authorization relationship is that it empowers the Board to implement necessary measures for the conservation and regulation of wildlife, thereby promoting responsible stewardship and compliance within the framework established by the statute.

Watercraft: in General

4VAC15-370-60

Express

General

Overreach

Unauthorized

Requirements

A. A throughway channel is established in the waters of the City of Virginia Beach from Bird Neck Point through Linkhorn Bay, the Narrows and Broad Bay to the mouth of Old Long Creek. The channel shall be clearly designated by appropriate channel markers approved by the department.¹ B. The throughway channel established by this section shall be used expressly for traversing the waters in which it is located. Such activities as fishing, crabbing, anchoring, water skiing, wind surfing and maneuvering of personal watercraft are prohibited. All cross traffic shall give way to vessels in transit in the channel.²

Provision-Level Authorization Analysis

Provision 1

"A. A throughway channel is established in the waters of the City of Virginia Bea..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation establishing a throughway channel, as it pertains to the management and regulation of activities in waters where these species may be present, thus falling under the general scope of the Board's regulatory powers. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to manage and protect wildlife and their habitats effectively, ensuring that such regulations are consistent with the overarching statutory framework.

Provision 2

"B. The throughway channel established by this section shall be used expressly fo..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, while also empowering the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority allows the regulation to establish specific prohibitions and guidelines regarding the use of the throughway channel, fitting within the scope of the Department's responsibility to manage and protect waterway activities. The legal significance of this authorization relationship is that it enables the Board to create detailed regulations that ensure the effective administration of the chapter, reflecting the legislative intent to provide flexibility in managing specific circumstances within the broader statutory framework.

Watercraft: in General

4VAC15-370-70

Express

General

Overreach

Unauthorized

Requirements

A. If a watercraft contains a permanent hull identification number placed on it by the manufacturer, the manufacturer's number must be used as the hull identification number. If there is no manufacturer's hull identification number on a watercraft manufactured after November 1, 1972, if the number has been removed or obliterated, or if the watercraft is homemade, the department, upon proper application, may assign a permanent identification number, which must be used as the hull identification number. This assigned number must be affixed permanently to or imprinted upon the watercraft at the place and manner designated by the department.¹ B. If a motor for a watercraft contains a permanent serial number placed on it by the manufacturer, the manufacturer's number must be used as the motor serial number. If there is no manufacturer's serial number, if the number has been removed or obliterated, or if the motor is homemade, the department, upon proper application, may assign a permanent identification number, which must be used as the motor serial number. This assigned number must be affixed permanently to or imprinted upon the motor at the place and manner designated by the department.² C. It shall be unlawful to destroy, remove, alter, cover, conceal, deface or otherwise obscure the hull identification number, the motor serial number or an identification number issued by the department, any part of it or the plate bearing it, with intent to render it or other property unidentifiable unless authorized in writing by the department and the U.S. Coast Guard.³ D. It shall be unlawful to possess a watercraft manufactured on or after November 1, 1972, or a watercraft motor that has the hull identification number, the motor serial number or an identification number issued by the department destroyed, removed, altered, covered, concealed, defaced, or otherwise obscured. Any such watercraft or watercraft motor shall be subject to seizure by any law-enforcement officer and held as evidence.⁴

Provision-Level Authorization Analysis

Provision 1

"A. If a watercraft contains a permanent hull identification number placed on it ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations regarding the identification of watercraft, as it falls within the scope of ensuring proper identification and safety measures for watercraft. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that are essential for the implementation of the statutory framework, thereby facilitating effective governance in the area of watercraft identification.

Provision 2

"B. If a motor for a watercraft contains a permanent serial number placed on it b..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address various aspects of watercraft, including the identification and registration of motors, which justifies the GENERAL_DELEGATION level for the regulation. The legal significance of this relationship is that it empowers the Board to create necessary regulations without needing to seek further specific legislative approval, ensuring effective governance and management of watercraft regulations.

Provision 3

"C. It shall be unlawful to destroy, remove, alter, cover, conceal, deface or oth..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to regulate various aspects related to identification numbers, as the regulation addresses the unlawful actions that could compromise the integrity of such identifiers. The legal significance of this relationship is that it empowers the Board to implement necessary measures to protect property identification, ensuring compliance and enforcement within its jurisdiction.

Provision 4

"D. It shall be unlawful to possess a watercraft manufactured on or after Novembe..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and allows for the creation of regulations as necessary. This broad grant of authority encompasses the regulation concerning the unlawful possession of certain watercraft and motors, as it falls within the Board's discretion to regulate aspects of watercraft identification and safety. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations to ensure compliance and enforcement related to watercraft, reflecting the intent of the statute to provide comprehensive oversight in this area.

Watercraft: in General

4VAC15-370-80

Express

General

Overreach

Unauthorized

Requirements

Except as otherwise provided by statute, any person who violates any provision of this chapter shall be guilty of a Class 4 misdemeanor for each such violation as provided by § 29.1-746 of the Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"Except as otherwise provided by statute, any person who violates any provision o..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish regulations that enforce compliance with the chapter, including the imposition of penalties for violations, which aligns with the regulation's stipulation of a Class 4 misdemeanor for violations. The legal significance of this authorization relationship is that it empowers the Board to implement necessary measures to ensure adherence to the statutory framework, thereby facilitating effective governance and enforcement within its jurisdiction.

CROSS-REFERENCE § 29.1-746

Watercraft: Motorboat Numbering

4VAC15-380-30

Express

General

Overreach

Unauthorized

Requirements

The motorboat number assigned shall consist of the symbol "VA" identifying the Commonwealth followed by not more than four Arabic numerals and two capital letters, in sequence, separated by a hyphen or letter space that is greater than "I" or "1" and is in accordance with the serial numerically and alphabetically, for example, "VA 1234 BB" or "VA-1234-BB." Since the letters "I," "O," and "Q" may be mistaken for Arabic numbers, all letter sequences using "I," "O," and "Q" shall be omitted.¹ Any vessel used as a rental or livery or leased as specified in the Application for Watercraft Certificate of Title and Certificate of Number (Registration) shall be registered with the suffix RB, BR, or LB or a suffix designated by the department.² Only owners of vessels specified with the primary operation as rent, lease, or livery on the Application for Watercraft Certificate of Title and Certificate of Number (Registration) are considered by the department to be rental or leased boat companies.³ Only vessels specified with the primary operation as rent, lease, or livery are considered rental, leased, or livery motorboats.⁴

Provision-Level Authorization Analysis

Provision 1

"The motorboat number assigned shall consist of the symbol "VA" identifying the C..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations that it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish detailed requirements, such as the specific format for motorboat numbers, which falls within the realm of necessary regulations for the management and identification of watercraft. The legal significance of this relationship is that it empowers the Board to create regulations that ensure compliance and organization within the Commonwealth's boating system, reflecting the intent of the statute to provide comprehensive oversight.

Provision 2

"Any vessel used as a rental or livery or leased as specified in the Application ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to implement regulations that address various aspects of watercraft registration, including the specific requirements for vessels used as rentals or liveries, thus resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed regulations that effectively manage and oversee watercraft registration without needing further legislative approval for each specific regulatory detail.

Provision 3

"Only owners of vessels specified with the primary operation as rent, lease, or l..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to define and clarify terms related to vessel operation, such as identifying which vessels qualify as rental or leased boats, thus justifying the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create necessary regulations that effectively implement the statutory framework without requiring specific legislative detail for each regulation.

Provision 4

"Only vessels specified with the primary operation as rent, lease, or livery are ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to define and clarify terms related to vessels, such as specifying which vessels are considered rental, leased, or livery motorboats, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to regulate within its domain without requiring further legislative approval, ensuring flexibility in addressing the operational specifics of motorboat classifications.

Watercraft: Motorboat Numbering

4VAC15-380-40

Express

General

Overreach

Unauthorized

Requirements

Whenever a motorboat for which there exists a certificate of number changes ownership, the seller shall report such transfer to the department within 15 days in writing and in a format approved by the department.¹ The holder of a certificate of number shall notify the department within 15 days of the theft or recovery of a vessel, the loss or destruction of a valid certificate of number, or when there has been a change in military status.²

Provision-Level Authorization Analysis

Provision 1

"Whenever a motorboat for which there exists a certificate of number changes owne..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to implement regulations that address various aspects of motorboat ownership and transfer, including the requirement for sellers to report ownership changes. The legal significance of this relationship is that it empowers the Board to create necessary regulations without limitation, ensuring effective governance and oversight of motorboat ownership and related activities.

Provision 2

"The holder of a certificate of number shall notify the department within 15 days..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad grant of authority allows the Board to establish requirements, such as the notification of the department regarding theft, recovery, or changes in military status, which are essential for effective management and oversight of vessel registrations. The legal significance of this relationship is that it empowers the Board to implement necessary regulations without needing further specific legislative approval, thereby facilitating responsive governance in the realm of vessel management.

Watercraft: Motorboat Numbering

4VAC15-380-70

Express

General

Overreach

Unauthorized

Requirements

A. Certificate of number shall be invalid: 1. When the watercraft is documented, or required to be documented, except as provided for in 4VAC15-380-71 ;¹ 2. Sixty days after the watercraft is no longer principally used in the Commonwealth;² 3. The owner loses his interest in the vessel through legal process; or³ 4. The certificate of number is cancelled and recalled by the department pursuant to § 29.1-702 D of the Code of Virginia. When a certificate of number becomes invalid for any reason the person whose name appears on the certificate as owner shall remove the numbers from the vessel, and, within 15 days, surrender the invalid certificate to the department.⁴ B. Certificate of title shall be invalid when: 1. A duplicate title is issued;⁵ 2. A new title is issued;⁶ 3. The watercraft is documented or required to be documented;⁷ 4. The watercraft is registered or titled in another state or country;⁸ 5. The title is altered to the point of significant information on the title being unreadable;⁹ 6. It appears proper payment has not been made for the certificate of title; or¹⁰ 7. The department ascertains the title has been issued improperly or erroneously. When a certificate of title becomes invalid for any reason, the department is authorized to cancel and recall the certificate. If recalled by the department, the person whose name appears on the certificate as owner shall within 15 days surrender the invalid certificate to the department. Upon demand of any officer whose duty it is to enforce the game and inland fish laws, the person whose name appears on the certificate as owner shall present any recalled certificate immediately to the officer.¹¹

Provision-Level Authorization Analysis

Provision 1

"A. Certificate of number shall be invalid: 1. When the watercraft is documented,..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to establish regulations that address various scenarios related to watercraft, including the invalidation of certificates for documented watercraft. The legal significance of this relationship is that it empowers the Board to implement necessary regulations without requiring further legislative approval, thereby facilitating effective governance in managing watercraft documentation.

EXCEPTION § 29.1-702

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 7. Boating Laws › Article 1. Boat Registration and Identification › § 29.1-702. Registration requirements; display of numbers; cancellation of certificate; exemption A. 1. The owner of each motorboat requiring numbering by the Commonwealth...

Provision 2

"2. Sixty days after the watercraft is no longer principally used in the Commonwe..."

General Delegation

AUTHORIZING STATUTE § 29.1-702

The Department shall have the application entered upon the records of its office and issue to the applicant a certificate of number The Department is authorized to cancel and recall any certificate of number issued by the Department

ANALYSIS

§ 29.1-702 specifically grants the Department the authority to enter applications into its records and to issue, cancel, and recall certificates of number. This broad grant of authority allows the Department to establish regulations regarding the conditions under which certificates may be affected, including stipulations about the principal use of watercraft in the Commonwealth. The legal significance of this relationship is that it enables the Department to implement necessary regulatory measures to manage and enforce the statutory provisions effectively, thereby ensuring compliance with the overarching legislative intent.

EXCEPTION § 29.1-702

Provision 3

"3. The owner loses his interest in the vessel through legal process; or"

General Delegation

AUTHORIZING STATUTE § 29.1-702

ANALYSIS

§ 29.1-702 specifically grants the Department the authority to enter applications into its records, issue certificates of number, and cancel or recall any certificates it has issued. This broad grant of authority allows the Department to regulate various circumstances surrounding vessel ownership, including situations where an owner's interest in a vessel is lost through legal processes, thereby justifying the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Department to effectively manage and enforce regulations related to vessel ownership and certification, ensuring compliance with the statutory framework.

EXCEPTION § 29.1-702

Provision 4

"4. The certificate of number is cancelled and recalled by the department pursuan..."

General Delegation

AUTHORIZING STATUTE § 29.1-701.1

the Board may by regulation adopt revisions in the fees, as it deems appropriate

ANALYSIS

§ 29.1-701.1 specifically grants the Board the authority to adopt revisions in fees as it deems appropriate, indicating a broad discretion in managing regulations related to its responsibilities. This broad grant of authority encompasses the regulation regarding the cancellation and recall of the certificate of number, as it is a necessary administrative action that supports the Board's ability to manage vessel registrations and ensure compliance with the statutory framework. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulatory measures without needing to seek further legislative approval, thereby facilitating efficient governance and enforcement of maritime regulations.

EXCEPTION § 29.1-702

Provision 5

"B. Certificate of title shall be invalid when: 1. A duplicate title is issued;"

General Delegation

AUTHORIZING STATUTE § 29.1-702

ANALYSIS

§ 29.1-702 specifically grants the Department the authority to enter applications into its records, issue certificates of number, and cancel or recall any certificates it has issued. This broad grant of authority allows the Department to establish regulations regarding the validity of certificates, such as declaring a certificate of title invalid when a duplicate title is issued, thereby falling within the scope of its regulatory powers. The legal significance of this authorization relationship is that it enables the Department to effectively manage and enforce the integrity of its records and certificates, ensuring clarity and preventing conflicts in title ownership.

EXCEPTION § 29.1-702

Provision 6

"2. A new title is issued;"

General Delegation

AUTHORIZING STATUTE § 29.1-701.1

the Board may by regulation adopt revisions in the fees, as it deems appropriate

ANALYSIS

§ 29.1-701.1 specifically grants the Board the authority to adopt revisions in fees as it deems appropriate. This broad language allows the Board to exercise discretion in establishing new titles, which falls under the category of fee revisions, thereby justifying the GENERAL_DELEGATION authorization level. The legal significance of this relationship is that it empowers the Board to make necessary adjustments to fees without requiring further legislative approval, ensuring flexibility in its regulatory function.

EXCEPTION § 29.1-702

Provision 7

"3. The watercraft is documented or required to be documented;"

General Delegation

AUTHORIZING STATUTE § 29.1-702

ANALYSIS

§ 29.1-702 specifically grants the Department the authority to enter applications into its records and issue certificates of number, as well as to cancel and recall any certificates it has issued. This broad grant of authority allows the Department to establish regulations, such as the requirement that a watercraft must be documented or required to be documented, which falls under its responsibility to manage and oversee the issuance of certificates. The legal significance of this authorization relationship is that it enables the Department to implement necessary regulations that ensure compliance with documentation requirements, thereby fulfilling its statutory mandate effectively.

EXCEPTION § 29.1-702

Provision 8

"4. The watercraft is registered or titled in another state or country;"

General Delegation

AUTHORIZING STATUTE § 29.1-702

ANALYSIS

§ 29.1-702 specifically grants the Department the authority to enter applications into its records and issue certificates of number, as well as to cancel and recall any certificates previously issued. This broad grant of authority allows the Department to establish regulations, such as the one addressing watercraft registered or titled in another state or country, as it falls within the scope of managing and regulating the issuance and validity of certificates of number. The legal significance of this authorization relationship is that it enables the Department to effectively enforce regulations that ensure compliance with the statutory framework governing watercraft registration, thereby promoting orderly and lawful operation within its jurisdiction.

EXCEPTION § 29.1-702

Provision 9

"5. The title is altered to the point of significant information on the title bei..."

General Delegation

AUTHORIZING STATUTE § 29.1-702

ANALYSIS

§ 29.1-702 specifically grants the Department the authority to enter applications into its records and to issue, cancel, and recall certificates of number. This broad grant of authority allows the Department to regulate the issuance and maintenance of certificates, which encompasses the regulation concerning the alteration of titles that affects readability. The legal significance of this relationship is that it enables the Department to enforce standards for certificate validity and integrity, ensuring that the certificates remain functional and recognizable.

EXCEPTION § 29.1-702

Provision 10

"6. It appears proper payment has not been made for the certificate of title; or"

General Delegation

AUTHORIZING STATUTE § 29.1-701.1

the Board may by regulation adopt revisions in the fees, as it deems appropriate

ANALYSIS

§ 29.1-701.1 specifically grants the Board the authority to adopt regulations regarding fees as it deems appropriate. This broad language allows the Board to implement regulations that address various aspects of fee management, including the proper payment for certificates of title, which falls under the umbrella of fee-related matters. The legal significance of this authorization relationship is that it enables the Board to exercise discretion in regulating fees, ensuring that the regulation aligns with the statutory intent to manage and revise fees effectively.

EXCEPTION § 29.1-702

Provision 11

"7. The department ascertains the title has been issued improperly or erroneously..."

General Delegation

AUTHORIZING STATUTE § 29.1-702

ANALYSIS

§ 29.1-702 specifically states that the Department is authorized to cancel and recall any certificate of number issued by the Department. This broad grant of authority allows the Department to take necessary actions regarding certificates, including those issued improperly or erroneously, which aligns with the regulation's provisions for canceling and recalling certificates of title. The legal significance of this authorization relationship is that it empowers the Department to maintain the integrity of its records and ensure that only valid certificates are in circulation, thereby supporting effective regulatory oversight.

EXCEPTION § 29.1-702

Watercraft: Motorboat Numbering

4VAC15-380-71

Express

General

Overreach

Unauthorized

Requirements

A. The owner of a federally documented vessel otherwise exempt from motorboat numbering requirements pursuant to § 29.1-710 of the Code of Virginia may nonetheless request the issuance of motorboat registration decals. Upon application and payment of the same fees prescribed in 4VAC15-380-120 , the department will issue nontransferable decals that may be affixed to a window or windshield on the sides of the vessel.¹ B. Vessels for which registration decals are requested and issued pursuant to subsection A of this section are not required to display the registration numbers of those decals.²

Provision-Level Authorization Analysis

Provision 1

"A. The owner of a federally documented vessel otherwise exempt from motorboat nu..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to create regulations that address various circumstances, such as the issuance of motorboat registration decals for federally documented vessels, which fall under the Board's purview. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that facilitate compliance and address specific needs within the framework established by the statute.

EXCEPTION § 29.1-710

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 7. Boating Laws › Article 1. Boat Registration and Identification › § 29.1-710. Exemption from numbering requirements A motorboat shall not be required to be numbered under this chapter if it is: 1. A motorboat which has been awarded a num...

Provision 2

"B. Vessels for which registration decals are requested and issued pursuant to su..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish rules that facilitate the implementation of its regulatory framework, including provisions related to vessel registration and the display of registration numbers. The legal significance of this authorization relationship is that it empowers the Board to exercise discretion in regulating vessel registration processes, ensuring that the regulations align with the overarching goals of the statute while maintaining flexibility in their application.

EXCEPTION § 29.1-710

Watercraft: Motorboat Numbering

4VAC15-380-80

Express

General

Overreach

Unauthorized

Requirements

Code of Virginia and Item 392 of the 2002 Appropriation Act.¹

Provision-Level Authorization Analysis

Provision 1

"Code of Virginia and Item 392 of the 2002 Appropriation Act."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language empowers the Board to implement regulations that align with its responsibilities, including those outlined in the Code of Virginia and the 2002 Appropriation Act, resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it provides the Board with the flexibility to regulate effectively within the scope of its authority, ensuring that it can address various needs and circumstances as they arise.

Watercraft: Motorboat Numbering

4VAC15-380-90

Express

General

Overreach

Unauthorized

Requirements

Any officer whose duty it is to enforce the game and inland fish laws may, when requested by the department, inspect watercraft for which an application for certificate of number or certificate of title has been received by the department.¹

Provision-Level Authorization Analysis

Provision 1

"Any officer whose duty it is to enforce the game and inland fish laws may, when ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to implement regulations that support the enforcement of game and inland fish laws, which includes the authority for officers to inspect watercraft as outlined in the regulation. The legal significance of this relationship is that it enables the Board to effectively manage and enforce regulations related to watercraft, ensuring compliance with statutory requirements while maintaining a level of oversight and adaptability in its regulatory framework.

Watercraft: Motorboat Numbering

4VAC15-380-100

Express

General

Overreach

Unauthorized

Requirements

Fees for more than 10 watercraft registrations.¹ The uniform registration rate for the first 10 and reduced rate for each additional watercraft as authorized in § 29.1-702 of the Code of Virginia for an individual owner apply only when the owner maintains a minimum of 10 watercraft with active registrations.²

Provision-Level Authorization Analysis

Provision 1

"Fees for more than 10 watercraft registrations."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations, such as those concerning fees for watercraft registrations, as it sees fit to manage its responsibilities effectively. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations without needing further specific legislative approval, thus facilitating efficient governance in the area of watercraft registration.

EXCEPTION § 29.1-702

Provision 2

"The uniform registration rate for the first 10 and reduced rate for each additio..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish specific criteria, such as the uniform registration rate for watercraft, as it deems necessary to manage the registration process effectively. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations that align with its overarching mandate, ensuring that the regulation is within the scope of its statutory authority.

EXCEPTION § 29.1-702

Watercraft: Motorboat Numbering

4VAC15-380-110

Express

General

Overreach

Unauthorized

Requirements

Is owned by the owner of a vessel for which a valid certificate of number has been issued; 2.¹ Displays the number of the owner's vessel as prescribed in 4VAC15-380-30 followed by the suffix "1"; and 3.² Is used as a tender for direct transportation between that vessel and the shore and for no other purpose.³

Provision-Level Authorization Analysis

Provision 1

"Is owned by the owner of a vessel for which a valid certificate of number has be..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, while also empowering the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority allows for the creation of regulations that detail specific ownership requirements for vessels, which fall within the scope of effective administration as outlined in the statute. The legal significance of this authorization relationship is that it enables the Board to establish detailed regulatory frameworks that support the overarching goals of the statute, ensuring compliance and clarity in vessel ownership requirements.

Provision 2

"Displays the number of the owner's vessel as prescribed in 4VAC15-380-30 followe..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority enables the regulation to establish specific requirements, such as the display of a vessel's number, as it falls within the scope of effective administration outlined in the statute. The legal significance of this authorization relationship is that it allows for flexibility in regulatory implementation while ensuring compliance with the overarching statutory framework.

Provision 3

"Is used as a tender for direct transportation between that vessel and the shore ..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, while empowering the Board to create rules and regulations deemed necessary for effective administration. This broad language allows for the establishment of regulations that address specific operational details, such as the use of a tender for transportation, which falls within the scope of effective administration. The legal significance of this relationship is that it provides the agency with the flexibility to implement regulations that ensure compliance and operational efficiency under the overarching statutory framework.

Watercraft: Motorboat Numbering

4VAC15-380-120

Express

General

Overreach

Unauthorized

Requirements

A. The following fees shall be paid by applicants for certificates of registration: For a motorboat under 16 feet $32 For a motorboat 16 feet to less than 20 feet $36 For a motorboat 20 feet to less than 40 feet $42 For a motorboat 40 feet and over $50 For first 10 actively registered motorboats by the same owner $32 For more than 10 actively registered motorboats by the same owner $26 For a duplicate certificate of registration or decal $14¹ B. The following fees shall be paid by applicants for certificates of title: Titling fee $10 Duplicate title $7 Change of motor on title $7 Record supplemental lien on previously titled watercraft $10²

Provision-Level Authorization Analysis

Provision 1

"A. The following fees shall be paid by applicants for certificates of registrati..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority encompasses the regulation regarding fees for certificates of registration, as it falls within the scope of effective administration of the chapter's provisions. The legal significance of this authorization relationship is that it allows the Board to establish specific fees, which are essential for the operational framework of the registration process, thereby facilitating the Department's enforcement and administrative responsibilities.

Provision 2

"B. The following fees shall be paid by applicants for certificates of title: Tit..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority encompasses the regulation concerning fees for certificates of title, as it falls within the scope of necessary rules for the administration of the chapter. The legal significance of this authorization relationship is that it provides the agency with the flexibility to establish specific operational procedures, such as fee structures, without requiring further legislative approval, thereby facilitating efficient governance.

Watercraft: Motorboat Numbering

4VAC15-380-130

Express

General

Overreach

Unauthorized

Requirements

Provision-Level Authorization Analysis

Provision 1

"Except as otherwise provided by statute, any person who violates any provision o..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to establish rules regarding violations, such as classifying certain infractions as misdemeanors, which is encompassed within the general authority to regulate as deemed necessary. The legal significance of this relationship is that it empowers the Board to enforce compliance through penalties, thereby ensuring the effective implementation of the statutory framework.

CROSS-REFERENCE § 29.1-746

Watercraft: Safe and Reasonable Operation of Vessels

4VAC15-390-10

Express

General

Overreach

Unauthorized

Requirements

The following sections in this chapter apply to the operation of "vessels," as defined in § 29.1-700 of the Code of Virginia, on all waters within the Commonwealth.¹ Vessels complying with the Inland Navigation Rules, 33 CFR Parts 83, 84, 86, 87, and 88, as established by the U.S.² Coast Guard, are considered to be in compliance with the requirements of this chapter.³

Provision-Level Authorization Analysis

Provision 1

"The following sections in this chapter apply to the operation of "vessels," as d..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations as necessary. This broad language enables the Board to establish regulations related to the operation of vessels on all waters within the Commonwealth, as it falls within the scope of ensuring safety and compliance in waterway management. The legal significance of this authorization relationship is that it provides the Board with the flexibility to implement regulations that address various aspects of vessel operation, thereby fulfilling its mandate to regulate activities within its jurisdiction effectively.

DEFINITION § 29.1-700

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 7. Boating Laws › Article 1. Boat Registration and Identification › § 29.1-700. Definitions As used in this chapter, unless the context clearly requires a different meaning: "Motorboat" means any vessel propelled by machinery whether or no...

Provision 2

"Vessels complying with the Inland Navigation Rules, 33 CFR Parts 83, 84, 86, 87,..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board is authorized to adopt regulations that it deems appropriate and to the extent necessary. The regulation requiring vessels to comply with the Inland Navigation Rules may exceed the Board's authority as it imposes specific federal standards that may not be necessary for the Board's regulatory purposes, potentially extending beyond what the statute allows. The legal significance of this relationship is that while the Board has the authority to regulate, it must do so within the confines of what is deemed necessary and appropriate, and the incorporation of extensive federal regulations may not align with this limitation.

DEFINITION § 29.1-700

Provision 3

"Coast Guard, are considered to be in compliance with the requirements of this ch..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad grant of authority enables the Board to establish regulations that ensure compliance with existing standards, such as those set by the Coast Guard, thereby justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create flexible and adaptive regulations that align with overarching statutory goals without needing further specific legislative approval.

DEFINITION § 29.1-700

Watercraft: Safe and Reasonable Operation of Vessels

4VAC15-390-80

Express

General

Overreach

Unauthorized

Requirements

Duty to slacken speed to avoid damage by motorboat's wake.¹ Every motorboat, when approaching or passing vessels under way or lying to or at anchor or made fast to the shore; or when approaching or passing piers, docks, or boathouses; or when approaching or passing persons in the water or using water skis or surfboards; shall slacken speed to the extent necessary to avoid endangering persons or property by the effect of the motorboat's wake.²

Provision-Level Authorization Analysis

Provision 1

"Duty to slacken speed to avoid damage by motorboat's wake."

General Delegation

AUTHORIZING STATUTE § 29.1-802

The Board shall promote the interest of the retail buyers of watercraft The Board may prevent unfair methods of competition and unfair or deceptive acts or practices

ANALYSIS

§ 29.1-802 specifically grants the Board the authority to promote the interests of retail buyers of watercraft and to prevent unfair methods of competition and deceptive practices. This broad language allows the Board to implement regulations that ensure safe and fair practices in watercraft operation, such as the duty to slacken speed to avoid damage by a motorboat's wake, which directly relates to protecting buyers and ensuring fair competition. The legal significance of this authorization relationship is that it empowers the Board to create regulations that address safety and fairness in the watercraft industry, thereby fulfilling its statutory mandate.

Provision 2

"Every motorboat, when approaching or passing vessels under way or lying to or at..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority encompasses the regulation requiring motorboats to slacken speed in various situations, as it falls within the scope of ensuring safety and proper conduct on waterways. The legal significance of this authorization relationship is that it allows the agency to implement regulations that address specific safety concerns without needing further legislative approval, facilitating responsive governance in maritime activities.

Watercraft: Safe and Reasonable Operation of Vessels

4VAC15-390-85

Express

General

Overreach

Unauthorized

Requirements

Operators to give right-of-way and reduce speed.¹ Every motorboat, when approaching or passing within 200 feet of any law-enforcement vessel or emergency services vessel that is displaying flashing blue, red, or public safety lights, as defined in 33 CFR Part 88, shall slow to no wake speed so that the effect of the wake does not disturb the activities of law-enforcement personnel or emergency services personnel.² Where the operator of a motorboat fails to comply with the provisions of this section and such failure endangers the life or limb of any person or endangers or damages vessels, the operator shall be guilty of a Class 3 misdemeanor.³ Upon conviction, the operator shall additionally be required to complete and pass a National Association of State Boating Law Administrators approved safe boating course as required in § 29.1-746 of the Code of Virginia.⁴

Provision-Level Authorization Analysis

Provision 1

"Operators to give right-of-way and reduce speed."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish rules, such as requiring operators to give right-of-way and reduce speed, as these actions are necessary for the safe and effective management of operations under its jurisdiction. The legal significance of this relationship is that it empowers the Board to implement regulations that address public safety and operational efficiency without needing further specific legislative approval, thus ensuring responsive governance.

CROSS-REFERENCE § 29.1-746

Provision 2

"Every motorboat, when approaching or passing within 200 feet of any law-enforcem..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to implement regulations that ensure public safety and order on waterways, such as the requirement for motorboats to slow to no wake speed near law enforcement or emergency services vessels. The legal significance of this authorization relationship is that it empowers the Board to create necessary safety regulations without needing further specific legislative approval, thereby enhancing the effectiveness of law enforcement and emergency response operations.

CROSS-REFERENCE § 29.1-746

Provision 3

"Where the operator of a motorboat fails to comply with the provisions of this se..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to address various safety concerns related to motorboat operation, which is reflected in the regulation that penalizes operators for actions that endanger life or property. The legal significance of this relationship is that it empowers the Board to implement necessary safety measures through regulation, ensuring public safety without requiring further legislative action.

CROSS-REFERENCE § 29.1-746

Provision 4

"Upon conviction, the operator shall additionally be required to complete and pas..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to implement regulations that ensure compliance with safety standards, such as requiring the completion of a safe boating course upon conviction, which aligns with the overarching goal of promoting safe boating practices. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations that enhance public safety without needing further specific legislative approval, thereby facilitating effective governance in the realm of boating laws.

CROSS-REFERENCE § 29.1-746

Watercraft: Safe and Reasonable Operation of Vessels

4VAC15-390-140

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful for the operator of a motorboat to operate a vessel while any person is riding or sitting on the bow, gunwales, or transom or on the decking over the bow of the vessel while under power unless such motorboat is provided with adequate guards or railing to prevent passengers from falls overboard.¹ Nothing in this section shall be construed to mean that passengers or other persons aboard a watercraft cannot occupy these areas of the vessel to moor or anchor the watercraft, to cast off, or for any other necessary purpose.² Any person who violates any provision of this section shall be guilty of a Class 1 misdemeanor as provided by § 29.1-738 of the Code of Virginia.³

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful for the operator of a motorboat to operate a vessel while a..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to implement regulations that address safety concerns related to motorboat operation, such as the prohibition of passengers sitting in unsafe positions, thereby justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create necessary safety regulations without needing further specific legislative approval, ensuring effective governance in maritime safety.

DEFINITION § 29.1-738

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 7. Boating Laws › Article 3. Boating Safety › § 29.1-738. Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc A. No person shall operate any motorboat or vessel, or manipulate any skis, surfboard, ...

Provision 2

"Nothing in this section shall be construed to mean that passengers or other pers..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various activities concerning wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish regulations that ensure the proper management and use of these resources, which includes provisions for activities that may occur in relation to watercraft, thereby resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations that facilitate the effective implementation of wildlife management practices without being limited to specific scenarios outlined in the statute.

DEFINITION § 29.1-738

Provision 3

"Any person who violates any provision of this section shall be guilty of a Class..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations as necessary. This broad language empowers the Board to establish rules, including those that impose penalties for violations, thereby justifying the regulation's classification under GENERAL_DELEGATION. The legal significance of this relationship is that it enables the Board to enforce compliance through established penalties, ensuring effective governance and regulation within its jurisdiction.

DEFINITION § 29.1-738

Watercraft: Safe and Reasonable Operation of Vessels

4VAC15-390-150

Express

General

Overreach

Unauthorized

Requirements

It shall be unlawful to operate a watercraft in excess of a safe speed.¹ A safe speed is a speed less than the maximum at which the operator can take proper and effective action to avoid collision and stop within a distance appropriate to the prevailing circumstances and conditions.² In establishing a safe operating speed, operators shall take into account the state of visibility, traffic density, maneuverability of the vessel with special reference to stopping distance and turning ability, the presence of background light at night, the proximity of navigational hazards, the draft of the vessel, the limitations of radar equipment, and the state of wind, sea, and current.³ Any person who violates any provision of this section shall be guilty of a Class 1 misdemeanor as provided by §§ 29.1-738 and 29.1-738.03 of the Code of Virginia.⁴

Provision-Level Authorization Analysis

Provision 1

"It shall be unlawful to operate a watercraft in excess of a safe speed."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for regulations to be made to the extent necessary. This broad language encompasses the regulation regarding the operation of watercraft at safe speeds, as it falls within the Board's mandate to ensure safety and appropriate conduct on waterways. The legal significance of this authorization relationship is that it empowers the Board to implement necessary safety measures without needing further legislative approval, thereby facilitating effective governance in watercraft operations.

CROSS-REFERENCE § 29.1-738.03

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 7. Boating Laws › Article 3. Boating Safety › § 29.1-738.03. Reckless operation of a personal watercraft A person shall be guilty of reckless operation of a motorboat or vessel who operates any personal watercraft recklessly or at a speed ...

DEFINITION § 29.1-738

Provision 2

"A safe speed is a speed less than the maximum at which the operator can take pro..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for regulations to be made to the extent necessary. This broad language encompasses the regulation defining a safe speed, as it relates directly to the Board's responsibility to ensure safety and effective action in navigation, thus justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create necessary regulations without needing further specific authorization, allowing for flexibility in addressing safety concerns in varying circumstances.

CROSS-REFERENCE § 29.1-738.03

DEFINITION § 29.1-738

Provision 3

"In establishing a safe operating speed, operators shall take into account the st..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address various operational factors, such as visibility and traffic conditions, which are essential for ensuring safe vessel operation. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that adapt to changing circumstances and safety needs without requiring further legislative approval, thereby facilitating effective governance in maritime operations.

CROSS-REFERENCE § 29.1-738.03

DEFINITION § 29.1-738

Provision 4

"Any person who violates any provision of this section shall be guilty of a Class..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to implement regulations that address various violations, including the imposition of penalties for misdemeanors, thereby falling within the scope of the authority granted. The legal significance of this relationship is that it empowers the Board to enforce compliance through regulations that can impose criminal penalties, reflecting the legislative intent to enable effective governance and regulation within the specified domain.

CROSS-REFERENCE § 29.1-738.03

DEFINITION § 29.1-738

Watercraft: Safe and Reasonable Operation of Vessels

4VAC15-390-160

Express

General

Overreach

Unauthorized

Requirements

Provision-Level Authorization Analysis

Provision 1

"Except as otherwise provided by statute, any person who violates any provision o..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language enables the Board to establish regulations, such as the imposition of penalties for violations, which aligns with its responsibility to enforce the provisions of the chapter. The legal significance of this relationship is that it empowers the Board to implement necessary regulations to maintain compliance and uphold the law, thereby ensuring effective governance within its jurisdiction.

CROSS-REFERENCE § 29.1-746

Watercraft: Accident and Casualty Reporting

4VAC15-400-20

Express

General

Overreach

Unauthorized

Requirements

The date, time, and exact location of the occurrence; 2.¹ The major details of the accident including the name of each person who died or disappeared; 3.² The number and name of the vessel; and 4.³ The names and addresses of the owner and operator.⁴ When the operator of a vessel cannot give the notice required by the foregoing, each person, on board the vessel shall notify the department or a member of its law-enforcement force, or determine that the notice has been given.⁵

Provision-Level Authorization Analysis

Provision 1

"The date, time, and exact location of the occurrence; 2."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to establish detailed requirements, such as specifying the date, time, and exact location of occurrences, which falls within the scope of what the Board considers necessary for effective regulation. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that are essential for the administration of its duties without needing to seek further specific legislative approval for each regulation.

Provision 2

"The major details of the accident including the name of each person who died or ..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter and empowers the Board to make rules and regulations deemed necessary and proper for effective administration. This broad language allows the Board to create regulations that detail specific requirements, such as the major details of an accident, which fall within the scope of effective administration of the chapter. The legal significance of this relationship is that it establishes a framework where the Board can implement detailed regulations under the general authority granted by the statute, ensuring comprehensive enforcement and administration of the chapter's provisions.

Provision 3

"The number and name of the vessel; and 4."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority encompasses the regulation's requirement for information about the vessel, as it falls within the scope of effective administration and enforcement of the chapter's provisions. The legal significance of this authorization relationship is that it allows for flexibility and adaptability in regulatory implementation, ensuring that the Department can address specific needs and circumstances related to vessel management without needing further legislative approval.

Provision 4

"The names and addresses of the owner and operator."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that include requirements for the names and addresses of the owner and operator, as these details are essential for effective oversight and management. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without limitation, ensuring comprehensive governance within its jurisdiction.

Provision 5

"When the operator of a vessel cannot give the notice required by the foregoing, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to implement regulations that facilitate compliance and ensure safety, such as requiring individuals on a vessel to notify the department or law enforcement when the operator cannot do so. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations to effectively manage and enforce safety protocols within its jurisdiction, reflecting a general delegation of authority to address various operational scenarios.

Watercraft: Accident and Casualty Reporting

4VAC15-400-30

Express

General

Overreach

Unauthorized

Requirements

A. In addition to the notification required by 4VAC15-400-20 of this chapter, the operator of a vessel shall submit a written casualty or accident report to the department when, as a result of an occurrence that involves the vessel or its equipment: 1. A person dies;¹ 2. A person is unable to perform normal or usual activities;² 3. Damage to the vessel and other property damage totals more than $2,000 or complete loss of the vessel; or³ 4. A person disappears from the vessel under circumstances that indicate probable death or injury.⁴ B. A written report required by this section must be made: 1. Within 48 hours of the occurrence if a person dies within 24 hours of the occurrence;⁵ 2. Within 48 hours of the occurrence if a person is unable to perform normal or usual activities or disappears from a vessel; and⁶ 3. Within 10 days of the occurrence or death if an earlier report is not required by the foregoing provisions of this section.⁷ C. When the operator of a vessel cannot submit the report required by this section, the owner shall submit the required report.⁸

Provision-Level Authorization Analysis

Provision 1

"A. In addition to the notification required by 4VAC15-400-20 of this chapter, th..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address various circumstances related to vessel operations, including the requirement for operators to report accidents, which aligns with the statute's intent to ensure safety and accountability. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations without needing further legislative approval, thereby facilitating timely and effective governance in matters concerning vessel safety.

Provision 2

"2. A person is unable to perform normal or usual activities;"

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language permits the Board to define and regulate the criteria for determining when a person is unable to perform normal or usual activities, thus encompassing the regulation under the general delegation of authority. The legal significance of this relationship is that it empowers the Board to establish necessary guidelines and standards without requiring further specific legislative approval, ensuring flexibility in addressing the needs within its jurisdiction.

Provision 3

"3. Damage to the vessel and other property damage totals more than $2,000 or com..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address various circumstances, including the specified threshold for damage in the regulation, thereby justifying the use of GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create necessary regulations without requiring further legislative approval, facilitating effective governance and responsiveness to specific issues.

Provision 4

"4. A person disappears from the vessel under circumstances that indicate probabl..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to create regulations that address various circumstances, such as those involving a person disappearing from a vessel, which indicates probable death or injury. The legal significance of this authorization relationship is that it empowers the Board to enact regulations that respond to specific situations while remaining within the general framework established by the statute.

Provision 5

"B. A written report required by this section must be made: 1. Within 48 hours of..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to establish specific requirements, such as the timeline for reporting incidents, which aligns with the need for timely information in critical situations. The legal significance of this relationship is that it empowers the Board to implement necessary regulations without requiring further legislative approval, ensuring efficient governance and responsiveness to public safety needs.

Provision 6

"2. Within 48 hours of the occurrence if a person is unable to perform normal or ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address various scenarios, including those concerning the safety and reporting requirements related to individuals on vessels, thereby justifying the need for GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create necessary regulations without requiring further legislative approval, ensuring timely and effective governance in matters of public safety and regulation.

Provision 7

"3. Within 10 days of the occurrence or death if an earlier report is not require..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to implement regulations that address various circumstances, including the timely reporting of occurrences or deaths, thereby justifying the GENERAL_DELEGATION authorization level. The legal significance of this relationship is that it empowers the Board to create necessary regulations without needing further specific legislative approval, ensuring efficient governance and responsiveness to emerging needs.

Provision 8

"C. When the operator of a vessel cannot submit the report required by this secti..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish regulations that ensure compliance and reporting requirements, such as the obligation for vessel owners to submit reports when operators cannot, thereby encompassing various aspects of wildlife management and regulation. The legal significance of this authorization relationship is that it empowers the Board to implement necessary measures for effective wildlife conservation and management while maintaining flexibility in regulatory enforcement.

Watercraft: Accident and Casualty Reporting

4VAC15-400-40

Express

General

Overreach

Unauthorized

Requirements

Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"Code of Virginia."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, while empowering the Board to make rules and regulations deemed necessary and proper for effective administration. This broad language allows the Board significant discretion in creating regulations that align with the overarching goals of the statute, resulting in GENERAL_DELEGATION as it encompasses a wide range of regulatory actions necessary for implementation. The legal significance of this authorization relationship is that it provides the Board with the flexibility to adapt regulations to meet the needs of effective administration without requiring further legislative approval for each specific rule.

Watercraft: Accident and Casualty Reporting

4VAC15-400-50

Express

General

Overreach

Unauthorized

Requirements

Provision-Level Authorization Analysis

Provision 1

"Except as otherwise provided by statute, any person who violates any provision o..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and allows for the creation of regulations as necessary. This broad grant of authority encompasses the regulation concerning penalties for violations, as it falls within the Board's discretion to establish enforcement mechanisms for the provisions of the chapter. The legal significance of this authorization relationship is that it enables the Board to effectively implement and enforce the statutory framework through appropriate regulatory measures, ensuring compliance and accountability.

CROSS-REFERENCE § 29.1-746

Watercraft: Boating Safety Education

4VAC15-410-10

Express

General

Overreach

Unauthorized

Requirements

This chapter applies to all operators of a motorboat with a motor of 10 horsepower or greater or personal watercraft on the public waters of the Commonwealth.¹ However, the provisions of this chapter shall not apply to law-enforcement officers while they are engaged in the performance of their official duties.²

Provision-Level Authorization Analysis

Provision 1

"This chapter applies to all operators of a motorboat with a motor of 10 horsepow..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

The Board shall promulgate regulations Such regulations shall include provisions Such regulations may include

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations, stating that such regulations "shall include provisions" and "may include" additional provisions. This broad language allows the Board to establish comprehensive regulations governing various aspects of motorboat operation, including those that apply to operators of motorboats with specific horsepower and personal watercraft. The legal significance of this authorization relationship is that it empowers the Board to create detailed rules necessary for the effective management and safety of public waters, reflecting the intent of the statute to provide flexible regulatory oversight.

Provision 2

"However, the provisions of this chapter shall not apply to law-enforcement offic..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

The Board shall promulgate regulations Such regulations shall include provisions that phase-in the requirements for boating safety education Such regulations may include, but not be limited to, provisions for compliance, statewide availability of NASBLA-approved courses including through the Internet, the issuance of certificates to document successful course completion, duplicate certificates, recordkeeping, requirements for course providers, instructor certification, student name and address changes, equivalency exam criteria, provisions for an open-book test for classroom based courses, requirements for motorboat rental and leasing businesses, issuance of a temporary operator's certificate, and the establishment of fees

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations related to boating safety education, including provisions for compliance and the establishment of various requirements for course providers and operators. The broad language in the statute allows for the inclusion of exemptions, such as the regulation stating that its provisions do not apply to law-enforcement officers while performing their official duties, thereby supporting a GENERAL_DELEGATION of authority. This authorization relationship signifies that the Board has the discretion to create regulations that adapt to specific circumstances, ensuring that the implementation of boating safety education can accommodate the unique roles of law enforcement without compromising the overall regulatory framework.

Watercraft: Boating Safety Education

4VAC15-410-20

Express

General

Overreach

Unauthorized

Requirements

As used in this chapter, unless the context clearly requires a different meaning, the following words and terms shall have the following meanings: "Approved course provider" is any individual, business, or organization that makes available to the boating public a boating safety education course approved by the National Association of State Boating Law Administrators and accepted by the department.¹ An approved course provider shall have executed and have on file a valid cooperative agreement with the department.² Persons who simply provide classroom instruction for an approved course provider shall not be considered an approved course provider.³ The department will make information regarding such approved courses and providers readily available for public access. "Board" means the Board of Wildlife Resources. "Boating safety education course" means a course offered in the classroom, through the Internet, or through an electronic format such as CD-ROM that provides a course content and test questions that have been reviewed and approved by the National Association of State Boating Law Administrators in accordance with the National Boating Education Standards, updated January 1, 2008, and accepted by the department.⁴ A boating safety education course shall include no less than 50 test questions, which shall include at least 10 test questions specific about Virginia boating laws. "Department" means the Department of Wildlife Resources. "Dockside safety checklist" means a document provided by the department that consists of selected facts about Virginia boating laws and safe boat operation that a rental or livery agent or motorboat leasing business is required to present to those who rent or lease a motorboat or personal watercraft.⁵ The dockside safety checklist must be reviewed and initialed by the person operating the motorboat before the boat can be rented or leased and operated. "Equivalency exam" means a written examination that is developed by the department to test the knowledge of information included in the curriculum of a boating safety education course (may also be referred to as a challenge exam).⁶ The equivalency exam is intended to provide experienced and knowledgeable boaters with the opportunity to meet the boating safety education compliance requirement set forth in § 29.1-735.2 of the Code of Virginia without having to take and successfully complete a boating safety education course.⁷ The equivalency exam shall be comprised of no less than 75 or more than 100 test questions, shall include no less than 25 questions specific about Virginia boating laws, shall be proctored by an individual specifically designated by the department, and shall be completed without the use of any reference material.⁸ A minimum score of at least 80% shall be considered passing. "Motorboat" means any vessel propelled by machinery whether or not the machinery is the principal source of propulsion and for this chapter shall mean with a motor of 10 horsepower or greater. "NASBLA" means the National Association of State Boating Law Administrators. "NASBLA-approved course" means a boating safety education course that has been reviewed and approved by NASBLA. "Onboard direct supervision" as referenced in § 29.1-735.2 B 6 and B 9 of the Code of Virginia occurs when a person maintains close visual and verbal contact with, provides adequate direction to, and can immediately assume control of a motorboat from the operator of a motorboat.⁹ A person who is water skiing, or is in the cabin of a motorboat and not at the helm/wheel is not considered to be in a position capable of providing direct supervision. "Operate" means to navigate or otherwise control the movement of a motorboat or vessel. "Optional Virginia Boater Education Card" means a card authorized for issuance by the department to persons who (i) can show they have met the minimum standard of boating safety education course competency, (ii) possess a valid license to operate a vessel issued to maritime personnel by the United States Coast Guard or a marine certificate issued by the Canadian government, (iii) possess a Canadian Pleasure Craft Operator's Card, or (iv) possess a valid commercial fisherman registration pursuant to § 28.2-241 of the Code of Virginia.¹⁰ For the purpose of this subsection a license is considered valid regardless of whether the license is current.¹¹ This card may be issued as a replacement boating safety course card. "Personal watercraft" means a motorboat less than 16 feet in length that uses an inboard motor powering a jet pump as its primary motive power and that is designed to be operated by a person sitting, standing, or kneeling on, rather than in the conventional manner of sitting or standing inside the vessel. "Proctored" means that the written equivalency exam has been administered under the direct supervision of (i) a designated member of the United States Coast Guard Auxiliary or the United States Power Squadrons®, (ii) a designated department employee or a department volunteer boating safety instructor, or (iii) an individual who has been approved for such purpose by the department. "Temporary operator's certificate" means a nonrenewable document issued with the certificate of number for the motorboat or personal watercraft, if the boat is new or was sold with a transfer of ownership.¹² A temporary operator's certificate shall be issued only by the department, by any person authorized by the director to act as an agent to issue a certificate of number pursuant to § 29.1-706 of the Code of Virginia, or by a license agent of the department authorized to issue a temporary registration certificate for a motorboat or personal watercraft.¹³ A temporary operator's certificate shall allow the owner to operate a motorboat with a motor of 10 horsepower or greater or personal watercraft in Virginia for 90 days. "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. "Waters of the Commonwealth" means any public waters within the territorial limits of the Commonwealth.¹⁴

Provision-Level Authorization Analysis

Provision 1

"As used in this chapter, unless the context clearly requires a different meaning..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that encompass various aspects of wildlife management and public safety, including the definition of terms relevant to education and safety courses related to these activities, resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations that ensure the effective management and safety of wildlife resources and associated public activities.

ADDITIONAL AUTHORITY § 29.1-735.2

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 7. Boating Laws › Article 3. Boating Safety › § 29.1-735.2. Boating safety education required; Board to promulgate regulations A. No person shall operate a motorboat with a motor of 10 horsepower or greater or personal watercraft on the pu...

Provision 2

"An approved course provider shall have executed and have on file a valid coopera..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation requiring approved course providers to have a cooperative agreement with the department, as it relates to the management and oversight of activities concerning wildlife. The legal significance of this authorization relationship is that it allows the Board to implement necessary regulations to ensure proper governance and compliance within the scope of wildlife management, reflecting the intent of the statute to provide comprehensive regulatory oversight.

ADDITIONAL AUTHORITY § 29.1-735.2

Provision 3

"Persons who simply provide classroom instruction for an approved course provider..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that ensure proper management and oversight of activities associated with wildlife, which encompasses the need to define the roles and qualifications of course providers in the context of wildlife education. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations that support the effective implementation of wildlife management policies without requiring specific legislative approval for each individual regulation.

ADDITIONAL AUTHORITY § 29.1-735.2

Provision 4

"The department will make information regarding such approved courses and provide..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the capture, possession, and transportation of wild animals and fish. This broad grant of authority allows the Board to establish regulations that encompass educational initiatives, such as making information about approved courses and providers accessible to the public, which supports the overall management and safety of wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that enhance public awareness and compliance with wildlife-related laws, thereby promoting effective conservation and responsible use of natural resources.

ADDITIONAL AUTHORITY § 29.1-735.2

Provision 5

"A boating safety education course shall include no less than 50 test questions, ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and fish. This broad grant of authority encompasses the regulation by allowing the Board to establish requirements for boating safety education, which is relevant to the management and protection of aquatic resources. The legal significance of this authorization relationship is that it enables the Department of Wildlife Resources to implement regulations that ensure public safety and compliance with wildlife laws, reflecting the agency's responsibility to manage and protect natural resources effectively.

ADDITIONAL AUTHORITY § 29.1-735.2

Provision 6

"The dockside safety checklist must be reviewed and initialed by the person opera..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and transportation of wild animals and fish. This broad grant of authority allows for the establishment of regulations that ensure safety and compliance in activities associated with wildlife, which encompasses the requirement for a dockside safety checklist and the development of an equivalency exam for operators. The legal significance of this authorization relationship is that it enables the Board to implement necessary regulations that promote safe practices in wildlife-related activities without needing to specify every detail in the statute itself, thus allowing for flexibility and responsiveness to changing circumstances.

ADDITIONAL AUTHORITY § 29.1-735.2

Provision 7

"The equivalency exam is intended to provide experienced and knowledgeable boater..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of regulations that can encompass various aspects of wildlife management and safety, including the implementation of compliance measures for boating safety education. The legal significance of this authorization relationship is that it enables the Board to create regulations that ensure public safety and compliance with wildlife laws, reflecting the agency's discretion in addressing related matters within its jurisdiction.

ADDITIONAL AUTHORITY § 29.1-735.2

Provision 8

"The equivalency exam shall be comprised of no less than 75 or more than 100 test..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows the Board to establish regulations that ensure compliance and safety in activities related to wildlife management, which encompasses the need for structured examinations and training requirements for individuals involved in these activities, resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for effective enforcement and oversight of wildlife-related activities, ensuring that public safety and conservation efforts are upheld.

ADDITIONAL AUTHORITY § 29.1-735.2

Provision 9

"A minimum score of at least 80% shall be considered passing. "Motorboat" means a..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish standards, such as a minimum passing score and definitions relevant to the regulation of activities associated with wildlife and related equipment, which aligns with the overall intent of managing and regulating these resources. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for effective oversight and enforcement of wildlife management practices, ensuring compliance with established standards.

ADDITIONAL AUTHORITY § 29.1-735.2

Provision 10

"A person who is water skiing, or is in the cabin of a motorboat and not at the h..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that ensure safety and proper conduct related to activities involving these entities, which includes defining terms and conditions for activities like water skiing in relation to boating safety. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations that address various aspects of wildlife management and recreational activities, ensuring they are consistent with the overarching statutory framework.

CROSS-REFERENCE § 28.2-241

Referenced in regulation context: pursuant to § 28.2-241

ADDITIONAL AUTHORITY § 29.1-735.2

Provision 11

"For the purpose of this subsection a license is considered valid regardless of w..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that clarify and define the terms of validity for licenses, such as the provision stating that a license is considered valid regardless of its current status. The legal significance of this authorization relationship is that it enables the Board to implement flexible regulations that ensure effective management and enforcement of wildlife-related activities within the scope of the statutory framework.

ADDITIONAL AUTHORITY § 29.1-735.2

Provision 12

"This card may be issued as a replacement boating safety course card. "Personal w..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the establishment of regulations that can encompass various aspects of wildlife management and safety, including the issuance of boating safety course cards, which are essential for the safe operation of personal watercraft. The legal significance of this authorization relationship is that it enables the Board to implement necessary regulations that promote safety and compliance within the broader context of wildlife and watercraft management without needing to specify every detail in the statute itself.

ADDITIONAL AUTHORITY § 29.1-735.2

Provision 13

"A temporary operator's certificate shall be issued only by the department, by an..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation concerning the issuance of temporary operator's certificates, as it falls within the realm of managing and regulating activities associated with wildlife. The legal significance of this authorization relationship is that it allows for flexibility in the implementation of regulations, enabling the department and its authorized agents to effectively manage wildlife-related activities under the overarching authority of the Board.

CROSS-REFERENCE § 29.1-706

Referenced in regulation context: pursuant to § 29.1-706

ADDITIONAL AUTHORITY § 29.1-735.2

Provision 14

"A temporary operator's certificate shall allow the owner to operate a motorboat..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of regulations that govern various aspects of wildlife management and related activities, which can encompass the regulation of motorboat operation as it pertains to the transportation and use of vessels in relation to wildlife. The legal significance of this authorization relationship is that it provides the Board with the flexibility to implement regulations that ensure the responsible use and management of natural resources, thereby supporting conservation efforts and public safety.

ADDITIONAL AUTHORITY § 29.1-735.2

Watercraft: Boating Safety Education

4VAC15-410-30

Express

General

Overreach

Unauthorized

Requirements

Personal watercraft operators 20 years of age or younger shall meet the requirements by July 1, 2009; 2.¹ Personal watercraft operators 35 years of age or younger shall meet the requirements by July 1, 2010; 3.² Personal watercraft operators 50 years of age or younger and motorboat operators 20 years of age or younger shall meet the requirements by July 1, 2011; 4.³ All personal watercraft operators, regardless of age, and motorboat operators 30 years of age or younger shall meet the requirements by July 1, 2012; 5.⁴ Motorboat operators 40 years of age or younger shall meet the requirements by July 1, 2013; 6.⁵ Motorboat operators 45 years of age or younger shall meet the requirements by July 1, 2014; 7.⁶ Motorboat operators 50 years of age or younger shall meet the requirements by July 1, 2015; 8.⁷ All motorboat operators, regardless of age, shall meet the requirements by July 1, 2016.⁸

Provision-Level Authorization Analysis

Provision 1

"Personal watercraft operators 20 years of age or younger shall meet the requirem..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations related to boating safety education, including provisions for compliance and requirements for operators. This broad grant of authority allows the regulation to establish specific age-related requirements for personal watercraft operators, as it falls within the scope of ensuring compliance with boating safety education. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations that enhance public safety while remaining within the framework established by the statute.

Provision 2

"Personal watercraft operators 35 years of age or younger shall meet the requirem..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to establish requirements, such as those for personal watercraft operators, without needing further specific legislative direction. The legal significance of this relationship is that it empowers the Board to implement necessary regulations within its jurisdiction, ensuring effective governance and safety measures for watercraft operation.

Provision 3

"Personal watercraft operators 50 years of age or younger and motorboat operators..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish specific requirements, such as those for personal watercraft and motorboat operators, under the general framework of ensuring safety and compliance within the boating community. The legal significance of this relationship is that it empowers the Board to implement detailed regulations that address specific age-related safety requirements, thereby fulfilling its mandate to regulate effectively within the scope of its statutory authority.

Provision 4

"All personal watercraft operators, regardless of age, and motorboat operators 30..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to implement regulations that address safety requirements for personal watercraft and motorboat operators, which falls within the scope of ensuring public safety on waterways. The legal significance of this authorization relationship is that it empowers the Board to establish necessary regulations without needing further specific legislative approval, thereby facilitating timely and effective governance in matters of public safety.

Provision 5

"Motorboat operators 40 years of age or younger shall meet the requirements by Ju..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to implement specific requirements, such as those for motorboat operators, under the premise that it is necessary to ensure safety and compliance within the jurisdiction. The legal significance of this authorization relationship is that it empowers the Board to establish detailed regulations that serve the public interest without needing further legislative approval, thereby facilitating effective governance in the area of motorboat operation.

Provision 6

"Motorboat operators 45 years of age or younger shall meet the requirements by Ju..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish specific requirements, such as those for motorboat operators, under its discretion to ensure safety and compliance within the boating community. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that address public safety concerns without needing further legislative approval, thus facilitating timely and relevant governance.

Provision 7

"Motorboat operators 50 years of age or younger shall meet the requirements by Ju..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language enables the Board to implement regulations, such as the requirement for motorboat operators 50 years of age or younger to meet certain criteria, as it falls within the scope of ensuring safety and compliance in boating activities. The legal significance of this authorization relationship is that it empowers the Board to establish necessary regulations without needing further legislative approval, thereby facilitating timely and relevant governance in the area of boating safety.

Provision 8

"All motorboat operators, regardless of age, shall meet the requirements by July ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish requirements for all motorboat operators, as it falls within the scope of ensuring safety and compliance in boating activities. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that address public safety without needing further specific legislative approval, thereby facilitating timely and effective governance.

Watercraft: Boating Safety Education

4VAC15-410-40

Express

General

Overreach

Unauthorized

Requirements

A. A person shall be considered in compliance with the requirements for boating safety education if he meets one or more of the following provisions pursuant to § 29.1-735.2 B 1 through 9 of the Code of Virginia: 1. Completes and passes a boating safety education course;¹ 2. Passes an equivalency exam;² 3. Possesses a valid license to operate a vessel issued to maritime personnel by the United States Coast Guard or a marine certificate issued by the Canadian government or possesses a Canadian Pleasure Craft Operator's Card. For the purposes of this subsection a license is considered valid regardless of whether the license is current;³ 4. Possesses a temporary operator's certificate;⁴ 5. Possesses a rental or lease agreement from a motorboat or personal watercraft rental or leasing business that lists the person as the authorized operator of the motorboat;⁵ 6. Operates the motorboat under onboard direct supervision of a person who meets the requirements of this section;⁶ 7. Is a nonresident temporarily using the waters of Virginia for a period not to exceed 90 days (which means operating a boat not registered in Virginia), and meets any applicable boating safety education requirements of the state of residency, or possesses a Canadian Pleasure Craft Operator's Card;⁷ 8. Has assumed operation of the motorboat or personal watercraft due to the illness or physical impairment of the initial operator, and is returning the motorboat or personal watercraft to shore in order to provide assistance or care for the operator; or⁸ 9. Is or was previously registered as a commercial fisherman pursuant to § 28.2-241 of the Code of Virginia or is under the onboard direct supervision of the commercial fisherman while operating the commercial fisherman's boat. For the purpose of operating a recreational vessel, a registered commercial fishing license is considered valid regardless of whether the license is current.⁹ B. The minimum standards for boating safety education course competency required by the department are: 1. Successful completion of a classroom boating safety education course in person and a passing score of at least 70% on a written test administered closed-book at the conclusion of the course by the designated course instructor(s) or other designated course assistant;¹⁰ 2. Successful completion of a classroom boating safety education course in person and a passing score of at least 90% on a written test administered open-book at the conclusion of the course by the designated course instructor(s) or other designated course assistant;¹¹ 3. Successful completion of a boating safety education course offered through the Internet or through an electronic format such as CD-ROM and a passing score of at least 90% on a self-test administered in conjunction with the course material; or¹² 4. A score of at least 80% on a proctored equivalency exam.¹³

Provision-Level Authorization Analysis

Provision 1

"A. A person shall be considered in compliance with the requirements for boating ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that ensure compliance with related safety and educational requirements, such as those for boating safety education, under the overarching framework of wildlife management and conservation. The legal significance of this authorization relationship is that it enables the Board to create comprehensive regulations that promote public safety and resource management within the context of the statutory powers granted to them.

DEFINITION § 28.2-241

Title 28.2. Fisheries and Habitat of the Tidal Waters › Subtitle II. Tidal Fisheries › Chapter 2. General Provisions › Article 7. Registration of Commercial Fishermen › § 28.2-241. Registration of commercial fishermen required; exemption; penalty A. On and after January 1, 1993, holders of gear lice...

Provision 2

"2. Passes an equivalency exam;"

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad language allows for the establishment of regulations that encompass necessary qualifications, such as passing an equivalency exam, to ensure compliance with wildlife management practices. The legal significance of this relationship is that it empowers the Board to implement detailed regulations under the general authority provided by the statute, facilitating effective management and conservation of wildlife resources.

DEFINITION § 28.2-241

Provision 3

"3. Possesses a valid license to operate a vessel issued to maritime personnel by..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after completing all applicable hearing and notice requirements. This broad grant of authority allows the board to establish requirements for valid licenses and certifications necessary for operating a vessel, which aligns with the overarching purpose of ensuring safe maritime practices. The legal significance of this authorization relationship is that it empowers the board to create detailed regulations that are essential for the effective implementation of the statute's intent, thereby ensuring compliance and safety in maritime operations.

DEFINITION § 28.2-241

Provision 4

"4. Possesses a temporary operator's certificate;"

General Delegation

AUTHORIZING STATUTE § 28.2-241

The Commission shall provide, by regulation, for exemptions from the definition of "commercial fisherman" The Commission may subsequently revise the cost of licenses in this section pursuant to § 28.2-201

ANALYSIS

§ 28.2-241 specifically grants the Commission the authority to provide regulations for exemptions from the definition of "commercial fisherman" and allows for subsequent revisions of license costs. This broad grant of authority enables the Commission to establish criteria, such as possessing a temporary operator's certificate, which aligns with the intent to define and regulate who qualifies as a commercial fisherman. The legal significance of this authorization relationship is that it empowers the Commission to create flexible regulations that adapt to changing circumstances while remaining within the framework established by the statute.

DEFINITION § 28.2-241

Provision 5

"5. Possesses a rental or lease agreement from a motorboat or personal watercraft..."

General Delegation

AUTHORIZING STATUTE § 28.2-241

The Commission shall provide, by regulation, for exemptions from the definition of 'commercial fisherman'...

ANALYSIS

§ 28.2-241 specifically grants the Commission the authority to create regulations that provide exemptions from the definition of 'commercial fisherman.' This broad grant of authority allows the Commission to establish criteria, such as the possession of a rental or lease agreement for operating a motorboat, which falls within the scope of defining who may be exempt from the commercial fisherman classification. The legal significance of this authorization relationship is that it enables the Commission to adapt regulations to various circumstances, ensuring that the definition of 'commercial fisherman' remains relevant and inclusive of different operational contexts.

DEFINITION § 28.2-241

Provision 6

"6. Operates the motorboat under onboard direct supervision of a person who meets..."

General Delegation

AUTHORIZING STATUTE § 28.2-241

The Commission shall provide, by regulation, for exemptions from the definition of 'commercial fisherman' The Commission may subsequently revise the cost of licenses in this section pursuant to § 28.2-201

ANALYSIS

§ 28.2-241 specifically grants the Commission the authority to provide regulations for exemptions from the definition of 'commercial fisherman' and allows for subsequent revisions of license costs. This broad grant of authority encompasses the regulation by enabling the Commission to set specific operational requirements, such as the need for direct supervision while operating a motorboat, which falls under the umbrella of defining and regulating commercial fishing activities. The legal significance of this authorization relationship is that it empowers the Commission to create detailed regulations that facilitate the effective management of commercial fishing, ensuring compliance with the overarching statutory framework.

DEFINITION § 28.2-241

Provision 7

"7. Is a nonresident temporarily using the waters of Virginia for a period not to..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of regulations that ensure the safe and responsible use of Virginia's natural resources, including provisions for nonresidents using the waters, which aligns with the overarching goal of wildlife management and public safety. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations that address various aspects of wildlife interaction, thereby promoting conservation and responsible recreational use within the state.

DEFINITION § 28.2-241

Provision 8

"8. Has assumed operation of the motorboat or personal watercraft due to the illn..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation because it pertains to the operation of motorboats or personal watercraft in the context of assisting individuals involved in activities related to the taking or transportation of wildlife. The legal significance of this authorization relationship is that it allows the Board to create regulations that ensure safety and compliance in activities that are inherently linked to the management and regulation of wildlife resources.

DEFINITION § 28.2-241

Provision 9

"9. Is or was previously registered as a commercial fisherman pursuant to § 28.2-..."

General Delegation

AUTHORIZING STATUTE § 28.2-241

ANALYSIS

§ 28.2-241 specifically grants the Commission the authority to provide regulations for exemptions from the definition of 'commercial fisherman' and allows for revisions of license costs. This broad grant of authority encompasses the regulation, as it establishes criteria for who qualifies as a commercial fisherman and outlines the conditions under which individuals may operate under the supervision of a registered commercial fisherman. The legal significance of this authorization relationship is that it enables the Commission to create flexible regulations that adapt to changing circumstances while remaining within the scope of the statutory framework.

DEFINITION § 28.2-241

Provision 10

"B. The minimum standards for boating safety education course competency required..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that ensure safety and competency in activities associated with wildlife, including boating safety education, which is essential for the responsible enjoyment and management of these resources. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations that address public safety and conservation efforts, reflecting the agency's responsibility to manage wildlife-related activities effectively.

DEFINITION § 28.2-241

Provision 11

"2. Successful completion of a classroom boating safety education course in perso..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the establishment of regulations that ensure safety and education in activities related to wildlife, which encompasses the requirement for successful completion of a boating safety education course. The legal significance of this authorization relationship is that it enables the Board to implement necessary regulations that promote public safety and responsible practices in connection with wildlife activities, reflecting the agency's overarching mandate.

DEFINITION § 28.2-241

Provision 12

"3. Successful completion of a boating safety education course offered through th..."

General Delegation

AUTHORIZING STATUTE § 28.2-241

ANALYSIS

§ 28.2-241 specifically grants the Commission the authority to provide regulations for exemptions from the definition of 'commercial fisherman' and allows for revisions of license costs. This broad grant of authority enables the Commission to establish requirements, such as the completion of a boating safety education course, as part of the regulatory framework that supports the exemptions and licensing process. The legal significance of this authorization relationship is that it empowers the Commission to create necessary regulations that enhance safety and compliance within the fishing industry, reflecting the intent of the statute to adapt to evolving needs without requiring further legislative action.

DEFINITION § 28.2-241

Provision 13

"4. A score of at least 80% on a proctored equivalency exam."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments after completing necessary hearing and notice requirements. This broad grant of authority allows the board to establish standards, such as the requirement of a score of at least 80% on a proctored equivalency exam, as it falls within the scope of regulations that can be created to fulfill the board's responsibilities. The legal significance of this authorization relationship is that it empowers the board to implement specific criteria essential for the regulation of equivalency exams, ensuring compliance with the overarching statutory framework.

DEFINITION § 28.2-241

Watercraft: Boating Safety Education

4VAC15-410-50

Express

General

Overreach

Unauthorized

Requirements

A. To be an approved course provider, any individual, business, or organization that instructs or provides a boating safety education course shall execute and have on file a cooperative agreement with the department. It shall be the responsibility of the state boating law administrator to develop and execute such agreements. A list of approved course providers and boating safety education courses shall be kept by the department and made available to the public. Such list does not constitute any endorsement of any course or course provider by the department or the board.¹ B. As of January 1, 2009, boating safety education courses offered through the Internet and accepted by the department shall: 1. Be approved by NASBLA in accordance with the National Boating Education Standards, updated January 1, 2012, for course content/testing; and² 2. Be provided only by an approved course provider who has executed a valid cooperative agreement with the department. Such agreements may be amended at any time by the department and may be cancelled with 30 days notice upon failure of the course provider to comply with the terms and conditions of the agreement or its amendments.³ C. Any material and/or products to be used by an approved course provider that make reference to the department must be approved by the department, through the state boating law administrator, before publishing and/or distribution to the public.⁴ D. Any fees charged by a course provider are set by the course provider, but must be clearly communicated to the student prior to taking the course.⁵

Provision-Level Authorization Analysis

Provision 1

"A. To be an approved course provider, any individual, business, or organization ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language enables the Board to establish requirements for course providers, such as executing cooperative agreements, which falls within the scope of necessary regulations for boating safety education. The legal significance of this authorization relationship is that it empowers the Board to implement detailed operational procedures without needing further legislative approval, ensuring effective governance in boating safety education.

Provision 2

"B. As of January 1, 2009, boating safety education courses offered through the I..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to establish regulations that align with evolving standards, such as the requirement for boating safety education courses to be approved by NASBLA, ensuring compliance with national standards. The legal significance of this relationship is that it empowers the Board to implement necessary measures for public safety in boating, reflecting the intent of the statute to adapt to changing educational requirements.

Provision 3

"2. Be provided only by an approved course provider who has executed a valid coop..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and allows for regulations to be made to the extent necessary. This broad language enables the Board to establish requirements for approved course providers and their agreements with the department, thereby justifying the regulation under GENERAL_DELEGATION as it falls within the scope of necessary regulations to ensure compliance and oversight. The legal significance of this relationship is that it empowers the Board to effectively manage and enforce standards within the framework of its regulatory authority, ensuring that course providers meet established criteria for operation.

Provision 4

"C. Any material and/or products to be used by an approved course provider that m..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish requirements for the approval of materials and products used by approved course providers, ensuring that any references to the department are consistent with its standards. The legal significance of this relationship is that it empowers the Board to regulate the quality and accuracy of materials disseminated to the public, thereby fulfilling its mandate to oversee boating safety and education effectively.

Provision 5

"D. Any fees charged by a course provider are set by the course provider, but mus..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to regulate various aspects of course provision, including the setting and communication of fees by course providers, which aligns with the regulation's requirement for transparency to students. The legal significance of this authorization relationship is that it empowers the Board to ensure that course providers operate within a framework that protects student interests while maintaining flexibility in how fees are established.

Watercraft: Boating Safety Education

4VAC15-410-60

Express

General

Overreach

Unauthorized

Requirements

A. The department shall coordinate with the United States Coast Guard Auxiliary, the United States Power Squadrons®, and any other approved course provider so that classroom-based boating safety education courses are available across the Commonwealth throughout the year.¹ B. The department shall coordinate with approved course providers of Internet-based courses so that courses developed and offered in accordance with 4VAC15-410-50 B are available.² C. The department shall make testing opportunities for the proctored equivalency exam available on a statewide basis throughout the year.³

Provision-Level Authorization Analysis

Provision 1

"A. The department shall coordinate with the United States Coast Guard Auxiliary,..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to coordinate with various organizations to ensure the availability of boating safety education courses, which falls within the scope of promoting public safety and education as intended by the statute. The legal significance of this authorization relationship is that it empowers the Board to implement necessary measures to fulfill its mandate without requiring further legislative approval, thereby facilitating effective governance and responsiveness to public needs.

Provision 2

"B. The department shall coordinate with approved course providers of Internet-ba..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to coordinate with approved course providers for Internet-based courses, as the regulation requires, without needing further specific legislative direction. The legal significance of this relationship is that it empowers the Board to implement necessary regulations to fulfill its statutory mandate effectively, ensuring flexibility and responsiveness in its regulatory framework.

Provision 3

"C. The department shall make testing opportunities for the proctored equivalency..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to implement regulations that address various needs, such as ensuring statewide availability of testing opportunities for the proctored equivalency exam, which falls within the scope of necessary actions to fulfill its mandate. The legal significance of this relationship is that it empowers the Board to effectively manage and regulate testing processes without requiring further legislative approval, thereby enhancing operational efficiency and responsiveness to public needs.

Watercraft: Boating Safety Education

4VAC15-410-70

Express

General

Overreach

Unauthorized

Requirements

A. Upon successful completion of a boating safety education course, the approved course provider shall provide the student with a course certificate and/or pocket-size card. At a minimum, such certificate/card shall include the student's name and date of birth, the issuance date, the name of the course, and indication of NASBLA course approval and acceptance by the department. On a schedule and in a manner mutually agreed to through a cooperative agreement, each approved course provider shall provide to the department a copy of the record of those students issued a course certificate and/or pocket-size card. Upon request by the student and subject to verification of successful course completion, it shall be the responsibility of each approved course provider to issue duplicate certificates/cards.¹ B. Upon successful completion of the proctored equivalency exam, the department shall issue a completion certificate and/or card, which shall include the person's name, date of birth, and the issuance date. Upon request by the person to whom the certificate/card was originally issued and subject to verification of successful completion, the department shall issue a duplicate certificate/card.²

Provision-Level Authorization Analysis

Provision 1

"A. Upon successful completion of a boating safety education course, the approved..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that facilitate the implementation of boating safety education, including the requirement for course providers to issue certificates, thereby resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations without needing further legislative approval, ensuring effective governance in the area of boating safety.

Provision 2

"B. Upon successful completion of the proctored equivalency exam, the department ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to the extent necessary. This broad language allows the Board to create regulations that facilitate the issuance of completion certificates and cards, as outlined in the regulation, thereby falling within the scope of its delegated powers. The legal significance of this relationship is that it empowers the Board to implement necessary administrative processes, ensuring compliance with the statutory mandate while maintaining flexibility in regulation.

Watercraft: Boating Safety Education

4VAC15-410-80

Express

General

Overreach

Unauthorized

Requirements

A. The department shall maintain a database of all students successfully completing the department's classroom-based boating safety education course and all persons successfully completing the equivalency exam. Such database shall include, but not be limited to, student name, address, date of birth, course/equivalency exam completion date, and the specific name of the course. On a schedule and in a manner mutually agreed to through a cooperative agreement, each approved course provider for other classroom-based boating safety education courses shall provide to the department a copy of the record of those students successfully completing such course and the department may add this information to the student database. A change in student address will be made only upon receipt of a written request from the affected student.¹ B. Each approved course provider for boating safety education courses offered over the Internet or through an electronic format such as CD-ROM shall maintain a database of all students successfully completing such course. The database shall include, but not be limited to, student name, address, date of birth, course completion date, and the specific name of the course. On a schedule and in a manner mutually agreed to through a cooperative agreement, each approved course provider shall provide to the department a copy of the record of those students successfully completing their course. Such record shall include the database information referenced in this section. It shall be the responsibility of each approved course provider to ensure that reasonable measures, such as the Payment Card Industry (PCI) data security measures, are taken to protect any acquired student data. Further, such data shall not be sold or otherwise used in any way except for the student's own completion of a boating safety education course and issuance of course completion documents.²

Provision-Level Authorization Analysis

Provision 1

"A. The department shall maintain a database of all students successfully complet..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish a regulation that mandates the maintenance of a database for tracking students who complete boating safety education, as it falls within the scope of ensuring effective educational oversight and public safety. The legal significance of this authorization relationship is that it empowers the Board to implement necessary measures for compliance and accountability in boating safety education, reflecting the intent of the statute to promote effective regulation in this area.

Provision 2

"B. Each approved course provider for boating safety education courses offered ov..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to implement regulations that facilitate the administration of boating safety education, including the requirement for course providers to maintain a database of students, which is essential for ensuring compliance and tracking educational outcomes. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations that support its mission, thereby ensuring effective oversight and management of boating safety education programs.

Watercraft: Boating Safety Education

4VAC15-410-90

Express

General

Overreach

Unauthorized

Requirements

A. To be certified as a boating safety education course instructor for the department's classroom-based boating safety education course, a person shall have successfully completed a classroom-based boating safety education course and be certified as an instructor by the United States Coast Guard Auxiliary, or the United States Power Squadrons®, or the National Safe Boating Council, or another certification program accepted by the department.¹ B. Applicants for certified instructor shall submit an application to the department on a form and in a manner determined by the state boating law administrator. At a minimum, the application shall include: 1. The applicant's name;² 2. The applicant's street address;³ 3. The applicant's telephone number;⁴ 4. The applicant's email address, if any;⁵ 5. Information describing the applicant's experience and training in boating safety and seamanship and proof of completion of a NASBLA-approved boating safety education course; and⁶ 6. Any other information deemed necessary after review of the initial application.⁷ C. Applicants may be required to submit a written consent for a criminal history background check in a manner determined by the Law Enforcement Division of the department.⁸

Provision-Level Authorization Analysis

Provision 1

"A. To be certified as a boating safety education course instructor for the depar..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations related to boating safety education, including provisions for instructor certification. This broad grant of authority encompasses the regulation's requirement that instructors must complete a classroom-based course and be certified by the United States Coast Guard Auxiliary, as it falls under the Board's mandate to establish requirements for course providers and instructor certification. The legal significance of this authorization relationship is that it allows the Board to implement detailed and specific standards necessary for ensuring the effectiveness and safety of boating education programs, reflecting the intent of the statute to enhance boating safety.

Provision 2

"B. Applicants for certified instructor shall submit an application to the depart..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish specific requirements, such as the application process for certified instructors, under its general authority to regulate, resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement detailed procedures and standards necessary for effective governance within the framework established by the statute.

Provision 3

"2. The applicant's street address;"

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to create rules and regulations deemed necessary and proper for effective administration. This broad language encompasses a wide range of administrative functions, including the requirement for an applicant's street address, which is essential for processing and managing applications. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations under a general framework, ensuring flexibility in administration while remaining within the scope of the statutory authority.

Provision 4

"3. The applicant's telephone number;"

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to establish regulations that address various aspects of its functions, including the requirement for an applicant's telephone number, which is a necessary detail for effective communication and processing. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that facilitate its duties without needing further specific legislative approval, thus ensuring efficient governance.

Provision 5

"4. The applicant's email address, if any;"

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to determine the specifics of what information is required from applicants, such as an email address, thereby justifying the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed regulations that facilitate the implementation of its statutory responsibilities without the need for further legislative approval.

Provision 6

"5. Information describing the applicant's experience and training in boating saf..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language encompasses the regulation requiring information about an applicant's experience and training in boating safety, as it is necessary for the Board to ensure that individuals meet safety standards for boating. The legal significance of this relationship is that it provides the Board with the flexibility to implement regulations that effectively promote public safety in boating, reflecting the intent of the statute to empower the agency in its regulatory functions.

Provision 7

"6. Any other information deemed necessary after review of the initial applicatio..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to determine what additional information is necessary for the review process, which directly connects to the regulation's requirement for any other information deemed necessary after the initial application review. The legal significance of this authorization relationship is that it empowers the Board to exercise discretion in regulatory matters, ensuring that it can adapt its requirements to meet evolving needs without being constrained by more specific limitations.

Provision 8

"C. Applicants may be required to submit a written consent for a criminal history..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language enables the Board to implement requirements, such as the written consent for a criminal history background check, as it falls within the scope of necessary regulations to ensure compliance and safety. The legal significance of this relationship is that it provides the Board with the flexibility to establish regulations that address specific operational needs without requiring further legislative approval, thereby facilitating effective governance.

Watercraft: Boating Safety Education

4VAC15-410-100

Express

General

Overreach

Unauthorized

Requirements

A. A boating safety education course offered in a classroom setting by either the department or an approved course provider shall offer the student the option of taking the end-of-course exam either closed-book or open-book. The minimum standards for boating safety education course competency shall be as provided for in 4VAC15-410-40 B 1 and 2.¹ B. In taking the exam open-book, the student may use the course text, instructor handouts, any related course material, and any personal notes taken during the class instruction to assist in the completion of the exam. The exam must be completed in a single session with a time limit not to exceed two hours.²

Provision-Level Authorization Analysis

Provision 1

"A. A boating safety education course offered in a classroom setting by either th..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for various aspects of boating safety education, including the format of exams. The regulation allowing students to choose between a closed-book or open-book exam aligns with the statute's broad language regarding the establishment of educational requirements and testing criteria, thereby justifying a GENERAL_DELEGATION. This authorization relationship signifies that the Board has the discretion to implement specific educational provisions under the overarching framework established by the statute.

Provision 2

"B. In taking the exam open-book, the student may use the course text, instructor..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for various aspects of boating safety education, including the establishment of testing criteria. The regulation's allowance for an open-book exam directly aligns with the statute's provision for "open-book test for classroom based courses," demonstrating that the regulation falls within the broad scope of authority provided by the statute. The legal significance of this authorization relationship is that it enables the Board to implement specific educational requirements while maintaining flexibility in how these requirements are executed, thereby enhancing the overall effectiveness of boating safety education.

Watercraft: Boating Safety Education

4VAC15-410-110

Express

General

Overreach

Unauthorized

Requirements

A. The department shall develop and make available a written equivalency exam to test the knowledge of information included in the curriculum of a boating safety education course. Such exam shall provide experienced and knowledgeable boaters with the opportunity to meet the boating safety education compliance requirement set forth in § 29.1-735.2 of the Code of Virginia without having to take and successfully complete a boating safety education course.¹ B. The equivalency exam shall be proctored by an individual(s) specifically designated by the department. The use of reference materials shall not be allowed while the exam is being administered and the exam shall be completed in a single session with a time limit not to exceed three hours. A person who fails an equivalency exam the second time is required to complete a NASBLA approved boating safety education course that is accepted by the department.² C. The equivalency exam shall be comprised of no less than 75 nor more than 100 exam questions and a minimum score of at least 80% shall be considered passing. Upon successful completion, an exam certificate and/or card shall be issued to the person completing the exam.³

Provision-Level Authorization Analysis

Provision 1

"A. The department shall develop and make available a written equivalency exam to..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter and empowers the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority allows for the creation of a regulation that establishes a written equivalency exam, as it falls within the scope of ensuring effective administration of boating safety education. The legal significance of this authorization relationship is that it permits the agency to implement necessary measures, like the equivalency exam, to fulfill its statutory mandate without requiring further specific legislative action.

Provision 2

"B. The equivalency exam shall be proctored by an individual(s) specifically desi..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations related to boating safety education, including provisions for equivalency exam criteria. The regulation's requirement for a proctored equivalency exam, along with stipulations about reference materials and time limits, falls within the broad scope of "provisions for compliance" and "equivalency exam criteria" outlined in the statute. This authorization relationship signifies that the regulation is appropriately established under the general delegation of authority, allowing the Board to implement detailed requirements necessary for effective enforcement of boating safety education standards.

Provision 3

"C. The equivalency exam shall be comprised of no less than 75 nor more than 100 ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for equivalency exam criteria among other aspects of boating safety education. This broad grant of authority allows the Board to establish detailed requirements, such as the specific structure and passing criteria for the equivalency exam, which aligns with the statute's intent to ensure comprehensive education standards. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations to fulfill the statute's objectives, ensuring effective oversight and compliance in boating safety education.

Watercraft: Boating Safety Education

4VAC15-410-120

Express

General

Overreach

Unauthorized

Requirements

A. Any person, business, or organization that provides a motorboat with a motor of 10 horsepower or greater or personal watercraft for rent or lease shall provide the rental/lease boat operator with a dockside safety checklist provided by the department. Other persons authorized to operate such boat shall also be provided with the dockside safety checklist.¹ B. A dockside safety checklist shall consist of selected facts about Virginia boating laws and safe boat operation.² C. The authorized operator(s) of the rental/leased boat shall review and initial each item in the dockside safety checklist before they may operate the boat being rented or leased.³ D. The dockside safety checklist for the authorized operator(s) shall be retained on board the boat being rented or leased, along with the rental or lease agreement from the motorboat rental or leasing business, when the boat is being operated.⁴ E. Any person who presents documentation that he has met the minimum standards for boating safety education course competency in accordance with 4VAC15-410-40 B or possesses a valid license to operate a vessel issued to maritime personnel by the United States Coast Guard or a marine certificate issued by the Canadian government or possesses a Canadian Pleasure Craft Operator's Card or possesses a valid commercial fisherman registration pursuant to § 28.2-241 of the Code of Virginia shall be exempt from the dockside safety checklist requirements. For the purpose of this subsection a license is considered valid regardless of whether the license is current.⁵ F. Pursuant to § 29.1-735.2 B 6 and 8 of the Code of Virginia, a person may be allowed to operate the rented/leased boat without completing the dockside safety checklist as long as he is operating under the onboard direct supervision of a person (i) who has completed a NASBLA approved boating safety course that is accepted by the department or (ii) who is otherwise exempt from the dockside safety checklist requirement or has assumed operation of the boat due to the illness or physical impairment of the initial operator, and is returning the boat to shore in order to provide assistance or care for the operator.⁶

Provision-Level Authorization Analysis

Provision 1

"A. Any person, business, or organization that provides a motorboat with a motor ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for compliance and requirements for motorboat rental and leasing businesses. This broad language allows the regulation to require rental businesses to provide a dockside safety checklist, as it falls within the scope of ensuring compliance and safety measures for operators of motorboats. The legal significance of this authorization relationship is that it empowers the Board to implement necessary safety protocols without needing further specific legislative approval, thereby enhancing boating safety education and compliance statewide.

DEFINITION § 28.2-241

Provision 2

"B. A dockside safety checklist shall consist of selected facts about Virginia bo..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for boating safety education, compliance, and various operational requirements related to boating. The broad language in the statute allows for a wide range of regulations aimed at enhancing boating safety, which encompasses the creation of a dockside safety checklist as a tool for educating boaters about Virginia boating laws and safe operation. The legal significance of this authorization relationship is that it empowers the Board to implement measures that promote safety and compliance in boating, thereby fulfilling its statutory mandate without the need for specific mention of every regulatory detail.

DEFINITION § 28.2-241

Provision 3

"C. The authorized operator(s) of the rental/leased boat shall review and initial..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations related to boating safety education, including provisions for motorboat rental and leasing businesses. This broad grant of authority allows for the establishment of requirements such as the dockside safety checklist for rental operators, which is necessary to ensure compliance with safety standards and promote safe boating practices. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations that enhance safety measures in the boating rental process, thereby fulfilling the statute's intent to improve overall boating safety education and compliance.

DEFINITION § 28.2-241

Provision 4

"D. The dockside safety checklist for the authorized operator(s) shall be retaine..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions related to boating safety education and compliance, among other requirements. This results in GENERAL_DELEGATION because the statute's broad language allows the Board to establish various operational requirements, including those related to documentation and safety protocols for motorboat rentals, which encompasses the need for a dockside safety checklist to be retained on board. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations that enhance safety and compliance in boating activities, reflecting the intent of the statute to promote boating safety education and oversight.

DEFINITION § 28.2-241

Provision 5

"E. Any person who presents documentation that he has met the minimum standards f..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for various aspects of boating safety education, such as compliance, course availability, and certification. This broad language allows the regulation to encompass requirements for recognizing alternative qualifications, such as documentation of competency or valid licenses, thereby falling within the scope of the Board's regulatory authority. The legal significance of this authorization relationship is that it enables the Board to implement flexible and comprehensive measures to ensure boating safety education is effectively managed and accessible, aligning with the statute's intent.

DEFINITION § 28.2-241

Provision 6

"F. Pursuant to § 29.1-735.2 B 6 and 8 of the Code of Virginia, a person may be a..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include a wide range of provisions related to boating safety education, including compliance requirements and the establishment of various operational standards. This broad grant of authority allows the regulation to encompass provisions that facilitate safe boating practices, such as permitting individuals to operate rented or leased boats under specific supervision conditions, which aligns with the statute's intent to enhance safety education and compliance. The legal significance of this authorization relationship is that it empowers the Board to implement flexible and practical measures that promote boating safety while ensuring adherence to the overarching goals established by the statute.

DEFINITION § 28.2-241

Watercraft: Boating Safety Education

4VAC15-410-130

Express

General

Overreach

Unauthorized

Requirements

A. The registered owner(s) of a motorboat or personal watercraft, if the boat is new or was sold with a transfer of ownership, shall be issued with the certificate of number for the motorboat or personal watercraft a temporary operator's certificate that shall allow the owner(s) to operate such boat in Virginia for 90 days.¹ B. A temporary operator's certificate shall be issued by the department, by any person authorized by the director to act as an agent to issue a certificate of number pursuant to § 29.1-706 of the Code of Virginia, or by a license agent of the department authorized to issue a temporary registration certificate for a motorboat. A temporary operator's certificate shall not be renewable.²

Provision-Level Authorization Analysis

Provision 1

"A. The registered owner(s) of a motorboat or personal watercraft, if the boat is..."

Express Delegation

AUTHORIZING STATUTE § 29.1-706

The Director may award any certificate of number directly or may authorize any person to act as an agent to make award. Persons accepting such authorization may be assigned a block of numbers and certificates which upon award, in conformity with this chapter and with any rules and regulations of the Board, shall be valid as if awarded directly by the Director.

ANALYSIS

§ 29.1-706 specifically states that the Director may award certificates of number directly or authorize any person to act as an agent to make awards, indicating a clear delegation of authority. This results in EXPRESS_DELEGATION because the statute explicitly allows the Director to designate agents who can issue certificates, thereby validating their actions as if performed by the Director himself. The legal significance of this authorization relationship is that it ensures that the regulation operates within the framework established by the statute, providing legitimacy and enforceability to the actions taken by authorized agents in issuing temporary operator's certificates.

CROSS-REFERENCE § 29.1-706

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 7. Boating Laws › Article 1. Boat Registration and Identification › § 29.1-706. Agents awarding numbers The Director may award any certificate of number directly or may authorize any person to act as an agent to make award. Persons accepti...

Provision 2

"B. A temporary operator's certificate shall be issued by the department, by any ..."

Express Delegation

AUTHORIZING STATUTE § 29.1-706

ANALYSIS

§ 29.1-706 specifically states that the Director may award certificates of number directly or authorize any person to act as an agent to make such awards, with the authority to assign a block of numbers and certificates that are valid as if awarded directly by the Director. This results in EXPRESS_DELEGATION because the regulation explicitly allows any person authorized by the Director to issue temporary operator's certificates, directly reflecting the statutory provision that permits the Director to delegate this authority. The legal significance of this authorization relationship is that it ensures that certificates issued by authorized agents carry the same validity and enforceability as those issued directly by the Director, thereby streamlining the process while maintaining regulatory compliance.

CROSS-REFERENCE § 29.1-706

Watercraft: Boating Safety Education

4VAC15-410-140

Express

General

Overreach

Unauthorized

Requirements

A. The department may establish an optional long-lasting and durable Virginia Boater Education Card for issuance to persons who can show that they have met the minimum standard of boating safety education course competency or who possesses a valid license to operate a vessel issued to maritime personnel by the United States Coast Guard or a marine certificate issued by the Canadian government or possesses a Canadian Pleasure Craft Operator's Card or possesses a commercial fisherman registration pursuant to § 28.2-241 of the Code of Virginia.¹ B. To obtain an optional Virginia Boater Education Card, a person must provide to the department: 1. A completed application on a form provided by the department. The application shall require the applicant's name, current mailing address, and date of birth. The applicant must also sign a statement declaring that statements made on the form are true and correct and that all documents submitted with the form are true and correct copies of documents issued to the applicant. Incomplete applications will be returned to the applicant;² 2. A copy of the documentation (such as the boating safety education course completion certificate/wallet card or equivalency exam completion certificate/card) that indicates that the minimum standards for boating safety education course competency have been met. Such documents must contain the name of the individual applying for the Virginia Boater Education Card. The department may require the applicant to provide the original document in the event that the copy submitted with the application is illegible or if the authenticity of the copy is not certain.³ C. Upon receipt by the applicant, the optional Virginia Boater Education Card will serve in lieu of any other certificates or cards that have been issued to the bearer as a result of meeting the minimum standards for boating safety education course competency. As such, the Virginia Boater Education Card will not be transferable or revocable and will have no expiration date.⁴ D. A person may apply, on a form provided by the department, for a replacement Virginia Boater Education Card. A replacement card may be issued if the original card is lost, stolen or destroyed, if misinformation is printed on the card, or if the bearer has legally changed their name. The application shall include an affidavit stating the circumstances that led to the need for replacement of the original card.⁵

Provision-Level Authorization Analysis

Provision 1

"A. The department may establish an optional long-lasting and durable Virginia B..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for various aspects of boating safety education, including compliance, course availability, and documentation of course completion. This broad grant of authority allows for the establishment of additional measures, such as the optional issuance of a durable Virginia Boater Education Card, which aligns with the overarching goal of ensuring competency in boating safety education. The legal significance of this authorization relationship is that it empowers the agency to implement flexible and practical solutions that enhance the effectiveness of boating safety education without the need for further legislative approval.

DEFINITION § 28.2-241

Provision 2

"B. To obtain an optional Virginia Boater Education Card, a person must provide t..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for various aspects of boating safety education, such as compliance, course availability, and recordkeeping. This broad grant of authority allows the regulation to establish specific requirements for obtaining a Virginia Boater Education Card, as it falls within the scope of the Board's responsibility to ensure effective implementation of boating safety education. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that operationalize the statutory mandate, ensuring that the requirements for boating safety education are met in a comprehensive manner.

DEFINITION § 28.2-241

Provision 3

"2. A copy of the documentation (such as the boating safety education course comp..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for compliance and documentation related to boating safety education. This results in GENERAL_DELEGATION because the regulation requires documentation that indicates competency in boating safety education, which falls within the broad scope of the Board's authority to establish requirements for recordkeeping and issuance of certificates as outlined in the statute. The legal significance of this authorization relationship is that it allows the Board to implement detailed regulations necessary for enforcing the statutory mandate, ensuring effective oversight of boating safety education standards.

DEFINITION § 28.2-241

Provision 4

"C. Upon receipt by the applicant, the optional Virginia Boater Education Card wi..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for boating safety education, compliance, and the issuance of certificates, among other related matters. This broad grant of authority allows the regulation to establish the Virginia Boater Education Card as a valid certification, thereby aligning with the statute's intent to document successful course completion and facilitate compliance with boating safety education requirements. The legal significance of this authorization relationship is that it empowers the Board to implement flexible and comprehensive measures to enhance boating safety education, ensuring that the regulatory framework effectively meets the needs of the public while adhering to the statutory mandate.

DEFINITION § 28.2-241

Provision 5

"D. A person may apply, on a form provided by the department, for a replacement V..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations related to boating safety education, including provisions for recordkeeping and the issuance of certificates. This broad grant of authority encompasses the regulation regarding the issuance of replacement Virginia Boater Education Cards, as it falls under the category of recordkeeping and documentation of course completion. The legal significance of this authorization relationship is that it allows the Board to implement necessary administrative processes to ensure compliance and maintain accurate records, thereby supporting the overall framework of boating safety education.

DEFINITION § 28.2-241

Watercraft: Boating Safety Education

4VAC15-410-150

Express

General

Overreach

Unauthorized

Requirements

A. Pursuant to § 29.1-735.2 E of the Code of Virginia, the board may establish fees for boating safety courses and certificates provided by the department. Such fees shall not exceed the cost of giving such instruction for each person participating in and receiving the instruction.¹ B. The department shall not charge a fee for the provision of its state course for basic boating education delivered in a conventional classroom setting.² C. Fees charged by an approved course provider for boating safety education courses are set by the course provider, but must be clearly communicated to the student prior to taking the course.³ D. The fee for issuance of an optional Virginia Boater Education Card, which will serve in lieu of a previously-obtained boating safety education course certificate/card, or a replacement Virginia Boater Education Card shall be $10.⁴

Provision-Level Authorization Analysis

Provision 1

"A. Pursuant to § 29.1-735.2 E of the Code of Virginia, the board may establish f..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for establishing fees related to boating safety education and certificates. This results in GENERAL_DELEGATION because the statute explicitly allows for the establishment of fees as part of the broader regulatory framework for boating safety education, thereby encompassing the regulation's provision on fees for courses and certificates. The legal significance of this authorization relationship is that it empowers the Board to implement necessary financial structures to support the administration of boating safety education, ensuring compliance with the statutory mandate.

Provision 2

"B. The department shall not charge a fee for the provision of its state course f..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter and empowers the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority allows for the establishment of regulations, such as the one stating that no fee shall be charged for basic boating education courses, as it falls within the scope of effective administration of the chapter. The legal significance of this authorization relationship is that it enables the Department to implement policies that facilitate access to education without financial barriers, aligning with the overarching goals of the statute.

Provision 3

"C. Fees charged by an approved course provider for boating safety education cour..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for various aspects of boating safety education, including the establishment of fees. The regulation regarding fees charged by approved course providers aligns with the statute's broad language, which allows for the inclusion of provisions related to fees, thereby justifying a GENERAL_DELEGATION of authority. This authorization relationship signifies that the Board has the discretion to implement regulations that facilitate the effective administration of boating safety education, including the management of course provider fees.

Provision 4

"D. The fee for issuance of an optional Virginia Boater Education Card, which wil..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.2

ANALYSIS

§ 29.1-735.2 specifically grants the Board the authority to promulgate regulations that include provisions for the issuance of certificates, recordkeeping, and the establishment of fees related to boating safety education. This broad grant of authority encompasses the regulation regarding the fee for the optional Virginia Boater Education Card, as it falls under the Board's ability to establish fees associated with boating safety education and documentation. The legal significance of this authorization relationship is that it allows the Board to implement necessary financial provisions to support the administration of boating safety education without requiring further legislative approval.

Watercraft: Boating Safety Education

4VAC15-410-160

Express

General

Overreach

Unauthorized

Requirements

Any person who operates a motorboat with a motor of 10 horsepower or greater or personal watercraft on the public waters of the Commonwealth shall, upon the request of a law-enforcement officer, present to the officer evidence that he has complied with § 29.1-735.2 B of the Code of Virginia.¹ As provided for in §§ 29.1-735.2 H and 29.1-748 B of the Code of Virginia, any person who violates any provision of this chapter shall be subject to a civil penalty of $100.² All civil penalties assessed under this chapter shall be deposited in the Motorboat and Water Safety Fund of the Game Protection Fund and used as provided for in § 29.1-701 of the Code of Virginia.³

Provision-Level Authorization Analysis

Provision 1

"Any person who operates a motorboat with a motor of 10 horsepower or greater or ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to implement regulations that ensure compliance with safety and operational standards for motorboats and personal watercraft, thereby justifying the GENERAL_DELEGATION of authority. The legal significance of this relationship is that it empowers the Board to enforce compliance measures, ensuring public safety on the waters of the Commonwealth without needing further specific legislative approval for each regulation.

Provision 2

"As provided for in §§ 29.1-735.2 H and 29.1-748 B of the Code of Virginia, any p..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to implement regulations, such as imposing civil penalties for violations, which aligns with its responsibility to enforce compliance within the framework established by the statute. The legal significance of this authorization relationship is that it empowers the Board to take necessary actions to uphold the law, ensuring effective governance and enforcement without needing further specific legislative approval for each regulation.

Provision 3

"All civil penalties assessed under this chapter shall be deposited in the Motorb..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board is authorized to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad grant of authority allows the Board to implement regulations that align with its responsibilities, including the management of funds derived from civil penalties, which is reflected in the regulation regarding the deposit and use of these penalties. The legal significance of this authorization relationship is that it empowers the Board to effectively manage resources and ensure compliance with statutory mandates, thereby facilitating the execution of its regulatory duties.

Watercraft: Navigation Lights and Shapes

4VAC15-420-10

Express

General

Overreach

Unauthorized

Requirements

The navigation lights requirements in this chapter shall be complied with in all weather and from sunset to sunrise on the public waters of the Commonwealth.¹ During such times no other lights shall be exhibited, except such lights as cannot be mistaken for the lights specified in this chapter or do not impair their visibility or distinctive character, or interfere with the keeping of a proper lookout.² The lights prescribed by this chapter shall, if carried, also be exhibited from sunrise to sunset in restricted visibility and may be exhibited in all other circumstances when it is deemed necessary.³ The lights specified in this chapter shall comply with the Navigation Rules found in 33 CFR Parts 83, 84, 86, 87, and 88 as established by the U.S.⁴

Provision-Level Authorization Analysis

Provision 1

"The navigation lights requirements in this chapter shall be complied with in all..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and allows for the creation of regulations as necessary. This broad language encompasses the regulation regarding navigation lights because it addresses a critical aspect of safety and compliance on public waters, which falls within the Board's purview to ensure proper regulation of navigation. The legal significance of this relationship is that it empowers the Board to implement necessary safety measures without needing further specific legislative approval, thus facilitating effective governance and public safety on Commonwealth waters.

Provision 2

"During such times no other lights shall be exhibited, except such lights as cann..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address various safety and operational concerns, such as the regulation concerning the exhibition of lights, which is necessary to ensure visibility and proper lookout during specific times. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that are essential for the effective implementation of the statutory mandate, thereby ensuring public safety and compliance with the law.

Provision 3

"The lights prescribed by this chapter shall, if carried, also be exhibited from ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to establish regulations that address various circumstances, such as the requirement for lights to be exhibited in specific visibility conditions, thereby justifying the use of GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement necessary safety measures without needing further specific legislative approval, ensuring effective governance and responsiveness to changing conditions.

Provision 4

"The lights specified in this chapter shall comply with the Navigation Rules foun..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to make rules and regulations deemed necessary for effective administration. This broad grant of authority encompasses the regulation requiring compliance with Navigation Rules, as it falls within the scope of necessary rules for the administration of safety and operational standards in navigation. The legal significance of this authorization relationship is that it enables the agency to implement regulations that ensure adherence to established federal standards, thereby enhancing the overall effectiveness of the chapter's provisions.

Watercraft: Navigation Lights and Shapes

4VAC15-420-120

Express

General

Overreach

Unauthorized

Requirements

Provision-Level Authorization Analysis

Provision 1

"Except as otherwise provided by statute, any person who violates any provision o..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to establish regulations, such as the imposition of penalties for violations, which aligns with the statute's intent to empower the Board to regulate effectively within its jurisdiction. The legal significance of this relationship is that it establishes a framework where the Board can enforce compliance through penalties, thereby ensuring the effective implementation of the statutory provisions.

CROSS-REFERENCE § 29.1-746

Watercraft: Safety Equipment Requirements

4VAC15-430-10

Express

General

Overreach

Unauthorized

Requirements

This chapter applies to all recreational vessels that are propelled or controlled by machinery, sails, oars, paddles, poles, or another vessel on waters within the territorial limits of the Commonwealth (both public and private waters).¹

Provision-Level Authorization Analysis

Provision 1

"This chapter applies to all recreational vessels that are propelled or controlle..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to regulate various aspects of recreational vessels, as it encompasses all vessels propelled or controlled by different means on both public and private waters within the Commonwealth. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations that address the diverse methods of vessel operation, ensuring safety and compliance across all relevant waterways.

Watercraft: Safety Equipment Requirements

4VAC15-430-20

Express

General

Overreach

Unauthorized

Requirements

The owner or his representative; 2.¹ The operator; 3.² Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or 4.³ Any guest on board a vessel that is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage. "Personal flotation device" or "PFD" means a device that is approved by the U.S.⁴ Coast Guard. "Racing shell, rowing scull, racing canoe, and racing kayak" means a manually propelled vessel that is recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing. "Recreational vessel" means any vessel being manufactured or operated primarily for pleasure, or leased, rented, or chartered to another for the latter's pleasure.⁵ It does not include any vessel engaged in the carrying of any passengers for consideration. "Sailboard" means a sail-propelled vessel with no freeboard and equipped with a swivel-mounted mast not secured to a hull by guys or stays. "Throwable PFD" means a PFD that is intended to be thrown to a person in the water.⁶ A wearable PFD is not a throwable PFD. "Use" means operate, navigate, or employ. "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water, but does not include surfboards, tubes, swimming rafts, inflatable toys, and similar devices routinely used as water toys or swimming aids. "Visual distress signal" means a device that is approved by the U.S.⁷ Coast Guard or certified by the manufacturer. "Wearable PFD" means a PFD that is intended to be worn or otherwise attached to the body.⁸

Provision-Level Authorization Analysis

Provision 1

"The owner or his representative; 2."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to implement regulations that address various aspects of its mandate, including those that pertain to the responsibilities of owners or their representatives. The legal significance of this relationship is that it empowers the Board to exercise discretion in regulation-making, ensuring that the regulations can adapt to the needs of the agency's oversight functions without requiring specific legislative directives for each regulation.

Provision 2

"The operator; 3."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to implement regulations that address various operational aspects, including those outlined in the regulation, resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to effectively manage and regulate activities under its jurisdiction without requiring further specific legislative approval for each regulation.

Provision 3

"Bona fide members of the crew engaged in the business of the vessel who have con..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad grant of authority enables the Board to create regulations that address various aspects of vessel operations, including the definition and treatment of bona fide crew members, thereby justifying GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement regulations that effectively manage and regulate the business of vessels under its jurisdiction without requiring further specific legislative action.

Provision 4

"Any guest on board a vessel that is being used exclusively for pleasure purposes..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to regulate various aspects of vessel use, including defining terms and conditions related to guest carriage and safety equipment, which aligns with the regulation's focus on pleasure vessels and personal flotation devices. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without requiring further legislative approval, thereby facilitating effective governance in maritime safety and usage.

Provision 5

"Coast Guard. "Racing shell, rowing scull, racing canoe, and racing kayak" means ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to define terms and establish rules related to various types of vessels used in competitive racing, thereby justifying the GENERAL_DELEGATION for the regulation. The legal significance of this relationship is that it empowers the Board to create detailed regulations that align with its overarching mandate, ensuring effective governance and oversight in the relevant area.

Provision 6

"It does not include any vessel engaged in the carrying of any passengers for con..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to define terms and set parameters, such as exclusions for certain vessels and definitions for safety equipment, which are necessary for effective regulation in the context of water safety. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that address specific scenarios and safety measures without needing further legislative approval, thus ensuring adaptability and responsiveness to changing circumstances in the field.

Provision 7

"A wearable PFD is not a throwable PFD. "Use" means operate, navigate, or employ...."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language enables the Board to define terms and clarify distinctions, such as differentiating between types of personal flotation devices and specifying the meanings of operational terms related to watercraft, which falls within the scope of necessary regulations. The legal significance of this authorization relationship is that it empowers the Board to effectively regulate safety measures and definitions in watercraft operations, ensuring clarity and compliance within the jurisdiction.

Provision 8

"Coast Guard or certified by the manufacturer. "Wearable PFD" means a PFD that is..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and to make regulations as necessary. This broad language allows the Board to define terms and establish standards, such as the definition of "wearable PFD," which falls within the scope of ensuring safety and compliance in watercraft activities. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that are essential for the implementation of the statute's overarching goals without requiring further legislative approval.

Watercraft: Safety Equipment Requirements

4VAC15-430-30

Express

General

Overreach

Unauthorized

Requirements

A. Except as provided in 4VAC15-430-40 , it shall be unlawful to use a recreational vessel unless: 1. At least one wearable PFD is on board for each person;¹ 2. Each PFD is used in accordance with any requirements on the approval label; and² 3. Each PFD is used in accordance with any requirements in its owner's manual if the approval label makes reference to such a manual.³ B. Except as provided in 4VAC15-430-40 , it shall be unlawful to use a recreational vessel of 16 feet or greater unless one throwable PFD is on board in addition to the total number of PFDs required in subsection A of this section.⁴ C. Notwithstanding the provisions of § 29.1-742 of the Code of Virginia, it shall be unlawful to operate a personal watercraft unless each person riding on the personal watercraft or being towed by it is wearing a wearable PFD that is approved for such activity.⁵

Provision-Level Authorization Analysis

Provision 1

"A. Except as provided in 4VAC15-430-40 , it shall be unlawful to use a recreatio..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language enables the Board to implement regulations that address safety requirements, such as the necessity of having a wearable personal flotation device (PFD) on board recreational vessels, thereby justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create necessary safety regulations without needing further specific legislative approval, ensuring effective governance in the area of recreational boating safety.

CROSS-REFERENCE § 29.1-742

Title 29.1. Wildlife, Inland Fisheries and Boating › Chapter 7. Boating Laws › Article 3. Boating Safety › § 29.1-742. Towing water skis, surfboards, etc A. No person shall operate a vessel on any waters of the Commonwealth for towing a person or persons on water skis, a surfboard, or a similar devi...

Provision 2

"2. Each PFD is used in accordance with any requirements on the approval label; ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language empowers the Board to implement regulations that ensure compliance with safety and operational standards, such as the requirement for personal flotation devices (PFDs) to be used according to their approval labels. The legal significance of this authorization relationship is that it provides the Board with the flexibility to establish necessary regulations that promote safety and effective governance within its jurisdiction, thereby justifying the GENERAL_DELEGATION status.

CROSS-REFERENCE § 29.1-742

Provision 3

"3. Each PFD is used in accordance with any requirements in its owner's manual i..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to make rules and regulations deemed necessary for effective administration. This broad language encompasses the regulation regarding the use of personal flotation devices (PFDs) in accordance with their owner's manual, as it falls within the Department's responsibility to ensure safety and compliance with relevant standards. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that enhance the enforcement and administration of the broader statutory framework, ensuring that specific safety requirements are met.

CROSS-REFERENCE § 29.1-742

Provision 4

"B. Except as provided in 4VAC15-430-40 , it shall be unlawful to use a recreatio..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish safety requirements for recreational vessels, such as the mandate for additional personal flotation devices, which aligns with the statute's intent to ensure public safety on waterways. The legal significance of this relationship is that it empowers the Board to implement regulations that address specific safety concerns without needing further legislative approval, thus facilitating effective governance in this area.

CROSS-REFERENCE § 29.1-742

Provision 5

"C. Notwithstanding the provisions of § 29.1-742 of the Code of Virginia, it shal..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board is authorized to adopt regulations as it deems appropriate and to the extent necessary. This broad grant of authority allows the Board to implement regulations that address safety measures for personal watercraft, such as requiring the use of wearable personal flotation devices (PFDs), which falls within the scope of ensuring public safety on waterways. The legal significance of this authorization relationship is that it empowers the Board to create specific safety regulations without needing further legislative approval, thus facilitating timely and effective regulation of watercraft operations.

CROSS-REFERENCE § 29.1-742

Watercraft: Safety Equipment Requirements

4VAC15-430-40

Express

General

Overreach

Unauthorized

Requirements

A. The following vessels are not required to carry an additional throwable PFD.¹ 1. Personal watercraft.² 2. Nonmotorized canoes and kayaks 16 feet in length and over.³ B. The following vessels are not required to carry any PFD: 1. Racing shells, rowing sculls, racing canoes, and racing kayaks while participating in or preparing and practicing for a race.⁴ 2. Sailboards.⁵ C. Vessels of the United States used by foreign competitors while practicing for or racing in competition are not required to carry any PFD, provided the vessel carries one of the sponsoring foreign country's acceptable flotation devices for each foreign competitor onboard.⁶

Provision-Level Authorization Analysis

Provision 1

"A. The following vessels are not required to carry an additional throwable PFD."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to determine the specific requirements for vessel safety, including exemptions from carrying additional throwable personal flotation devices (PFDs), thereby resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that reflect its discretion in promoting safety while accommodating varying vessel types and circumstances.

Provision 2

"1. Personal watercraft."

Potential Overreach

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations that it deems appropriate and is authorized to make regulations only to the extent necessary. The regulation regarding personal watercraft may exceed this authorization because it could impose requirements or restrictions that are not clearly necessary for the purposes outlined in the statute, which allows for regulations only as deemed appropriate and necessary. The legal significance of this relationship is that any regulation must align closely with the statutory intent and scope; otherwise, it risks being challenged as an overreach of the Board's regulatory authority.

Provision 3

"2. Nonmotorized canoes and kayaks 16 feet in length and over."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to regulate various aspects of nonmotorized canoes and kayaks, including specifications such as length, thereby justifying the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create regulations that address specific needs within its jurisdiction without requiring further legislative approval, ensuring effective governance and management of resources.

Provision 4

"B. The following vessels are not required to carry any PFD: 1. Racing shells, ro..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to determine the specific circumstances under which certain vessels, such as racing shells and kayaks, may be exempt from carrying personal flotation devices, thereby justifying the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create regulations that address practical considerations in the context of boating safety without needing further legislative approval for each specific regulation.

Provision 5

"2. Sailboards."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language empowers the Board to implement regulations related to a wide range of activities, including those concerning sailboards, thereby justifying the classification of the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it provides the Board with the flexibility to regulate various aspects of recreational activities without needing further specific legislative approval, ensuring effective governance and management of such activities.

Provision 6

"C. Vessels of the United States used by foreign competitors while practicing for..."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-735 specifically states that the agency has the authority to establish regulations regarding the safety equipment required on vessels, but it does not grant the agency the power to exempt certain vessels from carrying personal flotation devices (PFDs). The regulation allows vessels used by foreign competitors to operate without carrying PFDs, which directly contradicts the statute's intent to ensure safety by requiring such equipment. The legal significance of this relationship is that the regulation exceeds the authority granted by the statute, rendering it unauthorized and potentially unsafe.

Watercraft: Safety Equipment Requirements

4VAC15-430-50

Express

General

Overreach

Unauthorized

Requirements

A. It shall be unlawful to use a recreational vessel unless each wearable PFD required by 4VAC15-430-30 , or equivalent type allowed by 4VAC15-430-40 , is readily accessible. "Readily accessible" means that PFDs are stowed where they can be easily reached, or are out in the open ready for wear. A readily accessible PFD cannot be in a protective covering or under lock and key.¹ B. It shall be unlawful to use a recreational vessel unless each throwable PFD required by 4VAC15-430-30 of this chapter is immediately available. "Immediately available" means the PFD shall be quickly reachable in an emergency situation. An immediately available PFD cannot be in a protective covering, in a closed compartment or under other equipment.²

Provision-Level Authorization Analysis

Provision 1

"A. It shall be unlawful to use a recreational vessel unless each wearable PFD r..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter and empowers the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority allows the regulation to establish specific requirements regarding the accessibility of personal flotation devices (PFDs), as it falls within the scope of ensuring safety and compliance in recreational vessel use. The legal significance of this authorization relationship is that it enables the regulation to operate under GENERAL_DELEGATION, reflecting the agency's discretion to implement detailed safety measures consistent with the overarching statutory framework.

Provision 2

"B. It shall be unlawful to use a recreational vessel unless each throwable PFD ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language encompasses the regulation regarding the requirement for throwable personal flotation devices (PFDs) to be immediately available, as it falls within the Board's discretion to ensure safety measures for recreational vessels. The legal significance of this authorization relationship is that it empowers the Board to implement necessary safety regulations without needing further legislative approval, thereby facilitating effective governance in the area of recreational boating safety.

Watercraft: Safety Equipment Requirements

4VAC15-430-60

Express

General

Overreach

Unauthorized

Requirements

In serviceable condition as provided in 4VAC15-430-70 ; 2.¹ Of an appropriate size and fit for the intended wearer, as marked on the approval label; 3.² Legibly marked with its U.S.³ Coast Guard approval number; and 4.⁴ Used in accordance with any requirements or restrictions on the approval label.⁵

Provision-Level Authorization Analysis

Provision 1

"In serviceable condition as provided in 4VAC15-430-70 ; 2."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that encompass various aspects of its mandate, including the requirement for conditions of serviceability as outlined in 4VAC15-430-70. The legal significance of this relationship is that it provides the Board with the flexibility to implement regulations that are essential for fulfilling its responsibilities, thereby justifying the GENERAL_DELEGATION designation.

Provision 2

"Of an appropriate size and fit for the intended wearer, as marked on the approva..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and birds. This broad language allows for the establishment of detailed regulations, such as those concerning the size and fit of equipment used in hunting, which fall under the general authority to regulate the taking and possession of wildlife. The legal significance of this relationship is that it empowers the Board to create comprehensive regulations necessary for effective wildlife management without needing to specify every detail in the statute itself.

Provision 3

"Legibly marked with its U.S."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad language allows for the establishment of detailed requirements, such as the need for legible markings on certain items, which falls under the general authority to regulate the handling and transportation of wildlife. The legal significance of this relationship is that it enables the Board to implement necessary regulations that ensure compliance with wildlife management practices without needing to seek further specific authorization for each individual regulation.

Provision 4

"Coast Guard approval number; and 4."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of various regulatory requirements, including those that may pertain to procedural aspects such as the need for Coast Guard approval, thereby justifying the application of GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the agency to implement necessary regulations to manage wildlife effectively while ensuring compliance with relevant federal standards.

Provision 5

"Used in accordance with any requirements or restrictions on the approval label."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to various aspects of wildlife management, including the hunting, taking, and possession of wild birds and animals. This broad grant of authority allows the Board to establish detailed requirements and restrictions, such as those found in the regulation regarding the use of approval labels, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement comprehensive regulations that ensure the effective management and conservation of wildlife resources within the scope of the statutory authority.

Watercraft: Safety Equipment Requirements

4VAC15-430-70

Express

General

Overreach

Unauthorized

Requirements

Metal or plastic hardware used to secure the PFD on the wearer that is broken, deformed, or weakened by corrosion: b.¹ Webbings or straps used to secure the PFD on the wearer that are ripped, torn, or which have become separated from an attachment point on the PFD; or c.² Any other rotted or deteriorated structural component that fails when tugged. 2.³ In addition to meeting the requirements of subdivision 1 of this section, no inherently buoyant PFD, including the inherently buoyant components of a hybrid inflatable PFD, may exhibit: a.⁴ Rips, tears, or open seams in fabric or coatings that are large enough to allow the loss of buoyant material; b.⁵ Buoyant material that has become hardened, nonresilient, permanently compressed, waterlogged, oil-soaked, or which shows evidence of fungus or mildew; or c.⁶ Loss of buoyant material or buoyant material that is not securely held in position. 3.⁷ In addition to meeting the requirements of subdivision 1 of this section, an inflatable PFD, including the inflatable components of a hybrid inflatable PFD, must be equipped with: a.⁸ Except as provided in subdivision 4 of this section, a properly armed inflation mechanism, complete with a full inflation medium cartridge and all status indicators showing that the inflation mechanism is properly armed: b.⁹ Inflatable chambers that are all capable of holding air; c.¹⁰ Oral inflation tubes that are not blocked, detached, or broken; d.¹¹ A manual inflation lanyard or lever that is not inaccessible, broken, or missing; and e.¹² Inflator status indicators that are not broken or otherwise nonfunctional. 4.¹³ The inflation system of an inflatable PFD need not be armed when the PFD is worn inflated and otherwise meets the requirements of subdivisions 1 and 3 of this section.¹⁴

Provision-Level Authorization Analysis

Provision 1

"Metal or plastic hardware used to secure the PFD on the wearer that is broken, d..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language encompasses a wide range of regulatory actions, including those related to the safety and functionality of personal flotation devices (PFDs), which justifies the use of GENERAL_DELEGATION for the regulation concerning the condition of hardware used to secure PFDs. The legal significance of this authorization relationship is that it empowers the Board to implement necessary safety measures without needing further specific legislative approval, thereby facilitating timely and effective regulation in the interest of public safety.

Provision 2

"Webbings or straps used to secure the PFD on the wearer that are ripped, torn, o..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to address various aspects of safety equipment, such as the condition of webbings or straps on personal flotation devices, which falls under the general authority to ensure safety and compliance. The legal significance of this authorization relationship is that it empowers the Board to implement detailed regulations that are essential for the effective enforcement of safety standards without requiring further legislative approval.

Provision 3

"Any other rotted or deteriorated structural component that fails when tugged. 2."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to define and regulate various structural components, including those that may be rotted or deteriorated, thus encompassing the regulation under the general delegation of authority. The legal significance of this relationship is that it empowers the Board to address a wide range of issues related to structural integrity without needing to seek further specific authorization, ensuring effective governance and safety standards.

Provision 4

"In addition to meeting the requirements of subdivision 1 of this section, no inh..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses the regulation concerning inherently buoyant personal flotation devices (PFDs) as it relates to the safety and management of activities involving these wildlife resources, thereby justifying a GENERAL_DELEGATION. The legal significance of this authorization relationship is that it allows the Board to implement necessary safety regulations that support the overarching goals of wildlife management and public safety within the scope of its statutory mandate.

Provision 5

"Rips, tears, or open seams in fabric or coatings that are large enough to allow ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the establishment of regulations that ensure the effective management and conservation of wildlife resources, which encompasses various aspects of equipment and practices used in these activities, including the regulation mentioned. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations that address not only direct wildlife management but also the conditions and standards necessary for safe and responsible practices in the field.

Provision 6

"Buoyant material that has become hardened, nonresilient, permanently compressed,..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to regulate various aspects of buoyant materials, including their condition and characteristics, which are detailed in the regulation. The legal significance of this relationship is that it empowers the Board to implement necessary regulations without needing further specific legislative approval, thus ensuring effective management and oversight of the materials in question.

Provision 7

"Loss of buoyant material or buoyant material that is not securely held in positi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals and fish. This broad language allows for the establishment of regulations that address specific circumstances, such as the handling of buoyant materials, which can impact the hunting and capture of wildlife. The legal significance of this relationship is that it enables the Board to create detailed regulations necessary for effective wildlife management while remaining within the framework of the authority granted by the statute.

Provision 8

"In addition to meeting the requirements of subdivision 1 of this section, an inf..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish detailed requirements for safety equipment, such as inflatable PFDs, which fall within its mandate to ensure public safety. The legal significance of this authorization relationship is that it empowers the Board to create specific regulations that address safety standards, reflecting the legislative intent to provide flexibility in regulatory oversight.

Provision 9

"Except as provided in subdivision 4 of this section, a properly armed inflation ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language empowers the Board to implement regulations that address various aspects of its mandate, including the specific requirements for a properly armed inflation mechanism, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it enables the Board to exercise discretion in regulating within its jurisdiction, ensuring that the regulations align with the overarching statutory purpose without needing further legislative approval for each specific regulation.

Provision 10

"Inflatable chambers that are all capable of holding air; c."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language encompasses a wide range of activities and items that may affect wildlife management, allowing for GENERAL_DELEGATION to include regulations that address various equipment and methods, such as inflatable chambers, that could be used in these contexts. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations that adapt to evolving practices and technologies in wildlife management, ensuring effective oversight and conservation efforts.

Provision 11

"Oral inflation tubes that are not blocked, detached, or broken; d."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority encompasses the regulation concerning oral inflation tubes, as it falls within the scope of necessary rules for ensuring safety and compliance in the administration of the chapter. The legal significance of this authorization relationship is that it allows for flexibility in regulatory implementation, enabling the Board to address specific safety concerns without requiring further legislative action.

Provision 12

"A manual inflation lanyard or lever that is not inaccessible, broken, or missing..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to create regulations that address various aspects of its jurisdiction, including safety requirements such as those related to manual inflation lanyards or levers. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without needing to seek further legislative approval, thereby facilitating effective governance and oversight within its domain.

Provision 13

"Inflator status indicators that are not broken or otherwise nonfunctional. 4."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board is authorized to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address various aspects of its mandate, including the requirement for inflator status indicators to be functional, thereby falling within the scope of its regulatory powers. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without needing further specific legislative direction, ensuring effective governance and oversight in its area of responsibility.

Provision 14

"The inflation system of an inflatable PFD need not be armed when the PFD is worn..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board is authorized to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address specific operational requirements, such as the inflation system of an inflatable PFD, which ensures safety while allowing for practical usage. The legal significance of this authorization relationship is that it empowers the Board to create flexible regulations that can adapt to varying circumstances within the scope of its statutory mandate, thereby promoting effective governance in safety standards.

Watercraft: Safety Equipment Requirements

4VAC15-430-80

Express

General

Overreach

Unauthorized

Requirements

A. It shall be unlawful to use a vessel 16 feet or more in length or any boat carrying six or less passengers for consideration on the coastal waters as defined in 4VAC15-430-20 unless visual distress signals selected from the list in 4VAC15-430-120 or the alternatives in 4VAC15-430-130 , in the number required, are on board. Devices suitable for day use and devices suitable for night use, or devices suitable for both day and night use, must be carried.¹ B. Between sunset and sunrise, it shall be unlawful to use a vessel less than 16 feet in length on the coastal waters unless visual distress signals suitable for night use, selected from the list in 4VAC15-430-120 or 4VAC15-430-130 , in the number required, are on board.²

Provision-Level Authorization Analysis

Provision 1

"A. It shall be unlawful to use a vessel 16 feet or more in length or any boat ca..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations concerning vessel safety and operational requirements, such as the use of visual distress signals, which directly relates to the regulation's stipulations. The legal significance of this authorization relationship is that it empowers the Board to implement necessary safety measures on coastal waters, ensuring compliance with established standards without needing further specific legislative approval.

Provision 2

"B. Between sunset and sunrise, it shall be unlawful to use a vessel less than 16..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language encompasses the regulation requiring visual distress signals for vessels under 16 feet in length during nighttime hours, as it falls within the Board's discretion to ensure safety on coastal waters. The legal significance of this relationship is that it empowers the Board to implement necessary safety measures without needing further legislative approval, thereby facilitating timely and effective regulation of maritime activities.

Watercraft: Safety Equipment Requirements

4VAC15-430-90

Express

General

Overreach

Unauthorized

Requirements

Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"Code of Virginia."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad language grants the Board significant discretion in determining the scope and content of regulations, which aligns with the need for GENERAL_DELEGATION to effectively implement the regulatory framework. The legal significance of this authorization relationship is that it empowers the Board to create comprehensive regulations that address various aspects of its mandate without requiring further legislative approval for each specific regulation.

Watercraft: Safety Equipment Requirements

4VAC15-430-100

Express

General

Overreach

Unauthorized

Requirements

A person competing in any organized marine parade, regatta, race, or similar event; 2.¹ A person using a manually propelled boat; or 3.² A person using a sailboat of completely open construction, not equipped with propulsion machinery, under 26 feet in length.³

Provision-Level Authorization Analysis

Provision 1

"A person competing in any organized marine parade, regatta, race, or similar eve..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad language allows for the creation of regulations that encompass various activities and events involving these species, including those that may arise in the context of organized marine events. The legal significance of this relationship is that it enables the Board to exercise its regulatory powers flexibly and responsively, ensuring that all relevant activities are governed under its established authority.

Provision 2

"A person using a manually propelled boat; or 3."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad language allows the Board significant discretion in creating regulations that address various aspects of boating, including the use of manually propelled boats, thereby justifying the GENERAL_DELEGATION authorization level. The legal significance of this relationship is that it empowers the Board to implement regulations that effectively manage and oversee boating activities without requiring specific legislative approval for each regulation, ensuring flexibility and responsiveness to the needs of the boating community.

Provision 3

"A person using a sailboat of completely open construction, not equipped with pro..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language empowers the Board to create regulations that address various aspects of boating, including specifications for sailboats, thereby encompassing the regulation regarding sailboats of completely open construction under 26 feet in length. The legal significance of this authorization relationship is that it provides the Board with the flexibility to regulate specific boating practices without needing further legislative approval, ensuring effective oversight and safety in the boating environment.

Watercraft: Safety Equipment Requirements

4VAC15-430-110

Express

General

Overreach

Unauthorized

Requirements

A. It shall be unlawful to use a vessel unless the visual distress signals required by 4VAC15-430-80 are readily accessible.¹ B. It shall be unlawful to use a vessel unless each signal required by 4VAC15-430-80 is in serviceable condition and the service life of the signal, if indicated by a date marked on the signal, has not expired. Signals in addition to the minimum required are not considered to be in violation of this subsection if the minimum requirement has been met.² C. It shall be unlawful to use a vessel unless each signal required by 4VAC15-430-80 is legibly marked with a U.S. Coast Guard approval number or certification statement.³

Provision-Level Authorization Analysis

Provision 1

"A. It shall be unlawful to use a vessel unless the visual distress signals requi..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and allows it to make regulations to the extent necessary. This broad language encompasses the regulation regarding the accessibility of visual distress signals on vessels, as it falls within the Board's responsibility to ensure safety and compliance in maritime activities. The legal significance of this authorization relationship is that it empowers the Board to implement necessary safety measures without requiring further legislative approval, thereby facilitating effective regulation of vessel operations.

Provision 2

"B. It shall be unlawful to use a vessel unless each signal required by 4VAC15-43..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to establish regulations that ensure safety and compliance, such as the requirement for vessels to have serviceable signals, which directly relates to the overarching goal of promoting safe boating practices. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without needing further legislative approval, thereby facilitating effective governance in the area of vessel safety.

Provision 3

"C. It shall be unlawful to use a vessel unless each signal required by 4VAC15-43..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that ensure compliance with safety and operational standards, such as requiring vessels to display U.S. Coast Guard approval numbers, which directly relates to the Board's mandate to regulate vessel safety. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without needing further specific legislative approval, thereby facilitating effective governance in maritime safety.

Watercraft: Safety Equipment Requirements

4VAC15-430-120

Express

General

Overreach

Unauthorized

Requirements

A. Any of the following signals, when carried in the number required, can be used to meet the requirements of 4VAC15-430-80 : 1. An electric distress light. One is required to meet the night only requirement.¹ 2. An orange flag. One is required to meet the day only requirement.² 3. Pyrotechnics meeting the standards noted in the table below.³ B. Any combination of signal devices selected from the types noted in subsection A of this section, when carried in the number required, may be used to meet both day and night requirements. Example -- the combination of two hand held red flares (reference number 1 in table below), and one parachute red flare (reference numbers 3 and 4) meets both day and night requirements. Pyrotechnic Signal Devices Reference number Device Description Meets Requirement for Number Required 1 Hand-Held Red Flare Distress Signals 3 Day and Night 3 2 Floating Orange Smoke Distress Signals. Day Only 3 3 Parachute Red Flare Distress Signals. Day and Night 1 3 4 Hand-Held Rocket-Propelled Parachute Red Flare Distress Signals. Day and Night 3 5 Hand-Held Orange Smoke Distress Signals. Day Only 3 6 Floating Orange Smoke Distress Signals. Day Only 3 7 Distress Signal for Boats, Red Aerial Pyrotechnic Flare. Day and Night 2 3 1 These signals require use in combination with a suitable launching device. 2 These devices may be either meteor or parachute-assisted type. Some of these signals may require use in combination with a suitable launching device. 3 Must have manufacture date of Oct. 1, 1980, or later.⁴

Provision-Level Authorization Analysis

Provision 1

"A. Any of the following signals, when carried in the number required, can be use..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address various requirements, such as the use of specific signals for safety, which is reflected in the regulation regarding electric distress lights. The legal significance of this authorization relationship is that it empowers the Board to create detailed rules that ensure compliance with safety standards, thereby fulfilling its mandate to protect public welfare without needing further legislative approval.

Provision 2

"2. An orange flag. One is required to meet the day only requirement."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and possession of wild animals. This broad grant of authority allows the Board to establish specific requirements, such as the use of an orange flag, to ensure safety and compliance during hunting activities, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create detailed regulations necessary for effective wildlife management without needing further legislative approval for each specific requirement.

Provision 3

"3. Pyrotechnics meeting the standards noted in the table below."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish regulations that address various aspects of its jurisdiction, including safety standards for pyrotechnics, thus justifying the GENERAL_DELEGATION designation. The legal significance of this relationship is that it empowers the Board to implement necessary regulations without needing further legislative approval, ensuring timely and effective governance in areas under its purview.

Provision 4

"B. Any combination of signal devices selected from the types noted in subsection..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad grant of authority allows the Board to establish detailed requirements, such as the specific combinations of signal devices that can be used to meet safety requirements, thus resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create regulations that are flexible and responsive to practical needs without requiring further legislative approval for each specific detail.

Watercraft: Safety Equipment Requirements

4VAC15-430-130

Express

General

Overreach

Unauthorized

Requirements

Code of Virginia.¹

Provision-Level Authorization Analysis

Provision 1

"Code of Virginia."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to implement regulations that align with its mandate, thereby resulting in GENERAL_DELEGATION as the regulation falls within the scope of what the Board is empowered to regulate. The legal significance of this authorization relationship is that it provides the Board with the flexibility to create and enforce regulations that are essential for the effective management of its responsibilities under the statute.

Watercraft: Safety Equipment Requirements

4VAC15-430-140

Express

General

Overreach

Unauthorized

Requirements

this chapter applies under any circumstance except a situation where assistance is needed because of immediate or potential danger to the persons on board.¹

Provision-Level Authorization Analysis

Provision 1

"this chapter applies under any circumstance except a situation where assistance ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to implement regulations that address various circumstances, including those outlined in the regulation, which specifies that it applies except in situations involving immediate or potential danger to persons on board. The legal significance of this relationship is that it empowers the Board to create flexible regulations that can adapt to diverse scenarios while ensuring safety and compliance, thereby justifying the GENERAL_DELEGATION authorization level.

Watercraft: Safety Equipment Requirements

4VAC15-430-150

Express

General

Overreach

Unauthorized

Requirements

A. All motorboats or motor vessels, except open boats and as provided in subsections D and E of this section, the construction or decking over of which is commenced after April 25, 1940, and which use fuel having a flashpoint of 110°F, or less, shall have at least two ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated.¹ B. As used in this section, the term open boats means those motorboats or motor vessels with all engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of such gases and vapors within the vessel.² C. Vessels built after July 31, 1980, which are manufactured or used primarily for noncommercial use; which are leased, rented, or chartered to another for the latter's noncommercial use; which are engaged in the carriage of six or fewer passengers for consideration; or which are in compliance with the requirements of the U.S. Coast Guard are exempted from these requirements.³ D. Vessels built after July 31, 1978, which are manufactured or used primarily for noncommercial use; which are rented, leased, or chartered to another for the latter's noncommercial use; or which engage in conveying six or fewer passengers for consideration are exempted from the requirements of subsection A of this section for fuel tank compartments that: 1. Contain a permanently installed fuel tank if each electrical component is ignition protected; and⁴ 2. Contain fuel tanks that vent to the outside of the boat.⁵

Provision-Level Authorization Analysis

Provision 1

"A. All motorboats or motor vessels, except open boats and as provided in subsect..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that ensure safety and compliance in activities related to wildlife, which can encompass regulations regarding the operation of motorboats or vessels used in these activities. The legal significance of this authorization relationship is that it provides the Board with the flexibility to create necessary safety regulations that support the overarching goals of wildlife management and conservation without being limited to specific actions outlined in the statute.

Provision 2

"B. As used in this section, the term open boats means those motorboats or motor ..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority encompasses the regulation defining "open boats," as it falls within the scope of ensuring safety and compliance regarding motorboats and their design to prevent hazards. The legal significance of this authorization relationship is that it allows the Board to create detailed regulations that operationalize the statutory mandate, thereby facilitating effective enforcement and administration of safety standards in the boating industry.

Provision 3

"C. Vessels built after July 31, 1980, which are manufactured or used primarily f..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad grant of authority allows the Board to create regulations that address various aspects of vessel usage and compliance, which is reflected in the regulation concerning vessels built after July 31, 1980, that are primarily for noncommercial use. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that effectively manage and oversee the specified activities without requiring further legislative approval, thereby ensuring flexibility in regulatory oversight.

Provision 4

"D. Vessels built after July 31, 1978, which are manufactured or used primarily f..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to create regulations that address various circumstances and needs within its jurisdiction, resulting in GENERAL_DELEGATION as the regulation outlines specific exemptions for certain vessels without contradicting the statute's intent. The legal significance of this relationship is that it empowers the Board to implement flexible regulations that can adapt to changing circumstances while remaining within the framework established by the statute.

Provision 5

"2. Contain fuel tanks that vent to the outside of the boat."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the establishment of regulations that ensure the safety and environmental protection of activities associated with these wildlife, which includes requirements for equipment such as boats used in these activities, thus resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations that support wildlife conservation and public safety without needing to specify every detail in the statute itself.

Watercraft: Safety Equipment Requirements

4VAC15-430-160

Express

General

Overreach

Unauthorized

Requirements

A. The provisions of this section through 4VAC15-430-210 , with the exception of 4VAC15-430-200 , shall apply to all vessels contracted for on or after November 19, 1952. Vessels contracted for prior to that date shall meet the requirements of 4VAC15-430-200 .¹ B. Where equipment in this section is required to be of an approved type, such equipment requires the specific approval of the U.S. Coast Guard. A listing of current and formerly approved equipment and materials may be found at https://cgmix.uscg.mil/equipment .² C. All hand-portable fire extinguishers, semiportable fire extinguishing systems, and fixed fire extinguishing systems shall be of a type approved by the U.S. Coast Guard and shall have an efficient charge and be in good and serviceable condition as referenced in 4VAC15-430-170 .³

Provision-Level Authorization Analysis

Provision 1

"A. The provisions of this section through 4VAC15-430-210 , with the exception of..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that apply to various vessels based on their contract dates, demonstrating the flexibility needed to address different circumstances without limitation. The legal significance of this authorization relationship is that it empowers the Board to regulate effectively within its jurisdiction, ensuring compliance with the established standards for vessels.

Provision 2

"B. Where equipment in this section is required to be of an approved type, such e..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that ensure compliance with federal standards, such as requiring specific approval from the U.S. Coast Guard for certain equipment, which aligns with the agency's responsibilities. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations without needing further legislative approval, ensuring effective governance and safety standards in the relevant domain.

Provision 3

"C. All hand-portable fire extinguishers, semiportable fire extinguishing systems..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that ensure safety and compliance in activities associated with wildlife management, which includes the requirement for fire extinguishing systems in contexts where wildlife activities occur. The legal significance of this authorization relationship is that it empowers the Board to create necessary safety regulations that support the overarching goals of wildlife conservation and management, thereby ensuring public safety in conjunction with wildlife activities.

Watercraft: Safety Equipment Requirements

4VAC15-430-170

Express

General

Overreach

Unauthorized

Requirements

the purpose of this section, all required hand-portable fire extinguishers and semiportable fire extinguishing systems are of the "B" type; that is, suitable for extinguishing fires involving flammable liquids, greases, etc.¹ C. All fire extinguishers must be on board and readily accessible, in good and serviceable working condition, and comply with the following: 1. If the extinguisher has a pressure gauge reading or indicator, it must be in the operable range or position.² 2. The extinguisher may not be expired or appear to have been previously used.³ 3. The lock pin is firmly in place.⁴ 4. The discharge nozzle is clean and free of obstruction.⁵ 5. The extinguisher does not show visible signs of significant corrosion or damage.⁶ D. All hand-portable fire extinguishers and semiportable fire extinguishing systems shall have permanently attached thereto a metallic name plate giving the name of the item, the rated capacity in gallons, quarts, or pounds, the name and address of the person or firm for whom approved, and the identifying mark of the actual manufacturer.⁷ E. Vaporizing-liquid type fire extinguishers containing carbon tetrachloride or chlorobromomethane or other toxic vaporizing liquids are not acceptable as equipment required by this section.⁸ F. Hand-portable or semiportable extinguishers that are required on their name plates to be protected from freezing shall not be located where freezing temperatures may be expected.⁹ G. The use of dry chemical, stored pressure, fire extinguishers not fitted with pressure gauges or indicating devices, manufactured prior to January 1, 1965, may be permitted on motorboats and other vessels so long as such extinguishers are maintained in good and serviceable condition. The following maintenance and inspections are required for such extinguishers: 1. When the date on the inspection record tag on the extinguishers shows that six months have elapsed since last weight check ashore, then such extinguisher is no longer accepted as meeting required maintenance conditions until reweighed ashore and found to be in a serviceable condition and within required weight conditions.¹⁰ 2. If the weight of the container is one-fourth ounce less than that stamped on container, it shall be serviced.¹¹ 3. If the outer seals ( that indicate tampering or use when broken) are not intact, the boarding officer or marine inspector will inspect such extinguisher to see that the frangible disc in neck of the container is intact; and if such disc is not intact, the container shall be serviced.¹² 4. If there is evidence of damage, use, or leakage, such as dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the container shall be replaced with a new one and the extinguisher properly serviced or the extinguisher replaced with another approved extinguisher.¹³ H. The dry chemical, stored pressure, fire extinguishers without pressure gauges or indicating devices manufactured after January 1, 1965, shall not be carried on board motorboats or other vessels as required equipment.¹⁴

Provision-Level Authorization Analysis

Provision 1

"the purpose of this section, all required hand-portable fire extinguishers and s..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address various safety concerns, such as specifying the type of fire extinguishers required for certain situations, which falls within the scope of ensuring public safety. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without needing to seek further legislative approval, thereby facilitating timely and effective safety measures.

Provision 2

"C. All fire extinguishers must be on board and readily accessible, in good and s..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter and empowers the Board to make rules and regulations deemed necessary and proper for effective administration. This broad language allows for the establishment of detailed regulations, such as the requirement for fire extinguishers to be accessible and in good working condition, as it falls within the scope of ensuring safety and compliance under the Department's enforcement responsibilities. The legal significance of this authorization relationship is that it enables the Board to create specific standards that support the overarching goals of the statute, thereby facilitating effective administration and enforcement.

Provision 3

"2. The extinguisher may not be expired or appear to have been previously used."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to make rules and regulations deemed necessary for effective administration. This broad language empowers the Board to establish detailed requirements, such as ensuring that extinguishers are not expired or previously used, which falls within the scope of effective administration. The legal significance of this relationship is that it allows for flexibility in regulatory enforcement, ensuring that the Board can address specific safety concerns without needing further legislative approval.

Provision 4

"3. The lock pin is firmly in place."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language enables the Board to regulate various aspects of its jurisdiction, including specific safety measures like ensuring that the lock pin is firmly in place, which falls under the necessary regulations for operational safety. The legal significance of this relationship is that it empowers the Board with the flexibility to implement detailed regulations without requiring further legislative approval, thereby facilitating effective governance and safety oversight.

Provision 5

"4. The discharge nozzle is clean and free of obstruction."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically states that the Board has the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish detailed regulations, such as ensuring that equipment used in these activities, like a discharge nozzle, is clean and free of obstruction, which directly supports the safe and responsible management of wildlife resources. The legal significance of this authorization relationship is that it empowers the Board to implement necessary operational standards that promote compliance with the overarching statutory goals of wildlife conservation and management.

Provision 6

"5. The extinguisher does not show visible signs of significant corrosion or dama..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish regulations that address various aspects of safety and compliance, such as the condition of extinguishers, which is reflected in the regulation regarding visible signs of corrosion or damage. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that ensure public safety without needing to seek further legislative approval for each specific requirement.

Provision 7

"D. All hand-portable fire extinguishers and semiportable fire extinguishing syst..."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-735 specifically grants authority to the agency to establish regulations regarding the approval and use of fire extinguishers and fire extinguishing systems, but does not explicitly mandate the requirement for a metallic name plate. The regulation's requirement for a permanently attached metallic name plate with specific information exceeds the scope of the authority provided in the statute, as it imposes additional labeling requirements that are not mentioned in the statutory text. The legal significance of this relationship is that regulations must align with the authority granted by the statute, and since this regulation introduces requirements not authorized by the statute, it is deemed unauthorized.

Provision 8

"E. Vaporizing-liquid type fire extinguishers containing carbon tetrachloride or ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address safety and health concerns, such as the prohibition of toxic vaporizing liquids in fire extinguishers, which falls within the scope of ensuring public safety. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without requiring further legislative approval, thereby facilitating timely and effective regulatory action.

Provision 9

"F. Hand-portable or semiportable extinguishers that are required on their name p..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, while empowering the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority allows the regulation concerning the placement of hand-portable or semiportable extinguishers to fall under GENERAL_DELEGATION, as it is a necessary measure to ensure compliance with safety standards related to freezing temperatures. The legal significance of this authorization relationship is that it enables the Board to create specific regulations that address practical safety concerns, thereby fulfilling the overarching goals of the statute without requiring further legislative approval.

Provision 10

"G. The use of dry chemical, stored pressure, fire extinguishers not fitted with ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to establish regulations that address various safety measures, such as the maintenance and use of fire extinguishers on vessels, which falls within the scope of ensuring public safety on waterways. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without requiring further legislative approval, thereby facilitating timely and effective safety measures.

Provision 11

"2. If the weight of the container is one-fourth ounce less than that stamped on ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board is authorized to adopt regulations as it deems appropriate and to the extent necessary. This broad grant of authority allows the Board to create regulations that address various operational details, such as the servicing of containers based on their weight, thereby justifying the application of GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement necessary regulations without requiring further legislative approval, ensuring efficient governance and operational flexibility.

Provision 12

"3. If the outer seals ( that indicate tampering or use when broken) are not inta..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter and empowers the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority allows for the establishment of regulations that address specific enforcement procedures, such as the inspection of fire extinguishers, which ensures compliance with safety standards. The legal significance of this authorization relationship is that it provides the agency with the flexibility to create detailed regulations that operationalize the statutory mandate, thereby facilitating effective enforcement and administration of the law.

Provision 13

"4. If there is evidence of damage, use, or leakage, such as dry chemical powder ..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments following the completion of applicable hearing and notice requirements. This broad grant of authority allows the board to establish necessary safety standards, such as the requirement to replace extinguishers showing signs of damage or leakage, thereby ensuring public safety and compliance with best practices. The legal significance of this relationship is that it empowers the board to implement regulations that address specific safety concerns while remaining within the general framework established by the statute.

Provision 14

"H. The dry chemical, stored pressure, fire extinguishers without pressure gauges..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter and empowers the Board to make rules and regulations deemed necessary for effective administration. This broad grant of authority allows the regulation concerning the prohibition of certain fire extinguishers on vessels to fall under the category of necessary rules for safety and compliance, thereby justifying a GENERAL_DELEGATION. The legal significance of this relationship is that it enables the agency to implement regulations that ensure public safety and effective management of the chapter's provisions without requiring further specific legislative action.

Watercraft: Safety Equipment Requirements

4VAC15-430-180

Express

General

Overreach

Unauthorized

Requirements

When a fixed fire extinguishing system is installed, it shall be of an approved type that is designed and installed in agreement with the applicable provisions required by the U.S.¹ Coast Guard.²

Provision-Level Authorization Analysis

Provision 1

"When a fixed fire extinguishing system is installed, it shall be of an approved ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address various safety measures, including those related to fire extinguishing systems, thereby justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement necessary safety regulations without needing further specific legislative approval, ensuring timely and effective responses to safety concerns.

Provision 2

"Coast Guard."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad language allows the Board significant discretion in determining the scope and nature of regulations, which encompasses the regulation related to the Coast Guard as it falls within the necessary functions of the Board. The legal significance of this authorization relationship is that it grants the Board the flexibility to implement regulations that address a wide range of issues, ensuring effective governance and oversight within its jurisdiction.

Watercraft: Safety Equipment Requirements

4VAC15-430-190

Express

General

Overreach

Unauthorized

Requirements

A. Motorboats. 1. All motorboats shall carry at least the minimum number of hand-portable fire extinguishers set forth in the following table, except that motorboats less than 26 feet in length, propelled by outboard motors and not carrying passengers for hire, need not carry such portable fire extinguishers if the construction of such motorboats will not permit the entrapment of explosive or flammable gases or vapors. Length, feet Minimum number of 5-B hand-portable fire extinguishers required 1 No fixed fire extinguishing systems in machinery space Fixed fire extinguishing system in machinery space Under 16 1 0 16 to less than 26 1 0 26 to less than 40 2 1 40 to 65 3 2 1 One 20-B hand-portable fire extinguisher may be substituted for two 5-B hand-portable fire extinguishers.¹ 2. Fire extinguishers are required if any one or more of the following conditions exist: a. Closed compartment under thwarts and seats wherein portable fuel tanks may be stored. b. Double bottoms not sealed to the hull or that are not completely filled with flotation material. c. Closed living spaces. d. Closed stowage compartments in which combustible or flammable materials are stowed. e. Permanently installed fuel tanks.² 3. The following conditions do not, in themselves, require that fire extinguishers be carried: a. Bait wells. b. Glove compartments. c. Buoyant flotation material. d. Open slatted flooring. e. Ice chests.³ B. Motorboats greater than 65 feet in length. 1. All motorboats greater than 65 feet in length shall carry at least the minimum number of hand-portable fire extinguishers set forth in the following table: Gross tonnage Minimum number of 20-B hand-portable fire extinguishers Over Not over 50 2 50 100 2 100 500 3 500 1000 6 1000 8⁴ 2. In addition to the hand-portable fire extinguishers required by subdivision 1 of this subsection, the following fire-extinguishing equipment shall be fitted in the machinery space: a. One Type 20-B hand-portable fire extinguisher shall be carried for each 1,000 B.H.P. of the main engines or fraction thereof. However, not more than six such extinguishers need be carried. b. On motorboats of over 300 gross tons, either one 160-B semiportable fire-extinguishing system shall be fitted, or alternatively, a fixed fire extinguishing system shall be fitted in the machinery space.⁵ 3. The frame or support of each Type 160-B fire extinguisher required by subdivision 2 b of this subsection must be welded or otherwise permanently attached to a bulkhead or deck.⁶ 4. If an approved semiportable fire extinguisher has wheels and is not required by this section, it must be securely stowed when not in use to prevent it from rolling out of control under heavy sea conditions.⁷ C. Barges carrying passengers. 1. Every barge of 65 feet in length or less while carrying passengers when towed or pushed by a motorboat shall be fitted with hand-portable fire extinguishers as required by the table in subsection B of this section, depending upon the length of the barge.⁸ 2. Every barge of over 65 feet in length while carrying passengers when towed or pushed by a motorboat shall be fitted with hand-portable fire extinguishers as required by the table in subsection B of this section, depending upon the gross tonnage of the barge.⁹

Provision-Level Authorization Analysis

Provision 1

"A. Motorboats. 1. All motorboats shall carry at least the minimum number of hand..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish specific safety requirements for motorboats, including the regulation on fire extinguishers, as it falls within the scope of ensuring public safety on waterways. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that address safety concerns without needing further legislative approval, thereby facilitating effective governance and enforcement.

Provision 2

"2. Fire extinguishers are required if any one or more of the following condition..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations addressing safety measures, such as the requirement for fire extinguishers under specified conditions, which are necessary for ensuring public safety in boating environments. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that are essential for the effective management and oversight of safety standards without needing further specific legislative approval.

Provision 3

"3. The following conditions do not, in themselves, require that fire extinguishe..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to determine the conditions under which fire extinguishers are required, leading to the conclusion that the regulation's specification of items that do not necessitate fire extinguishers falls within the scope of the Board's discretion. The legal significance of this authorization relationship is that it empowers the Board to create regulations that address safety requirements in a manner that reflects its judgment and expertise, thereby ensuring flexibility in regulatory enforcement.

Provision 4

"B. Motorboats greater than 65 feet in length. 1. All motorboats greater than 65 ..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after fulfilling applicable hearing and notice requirements. This broad grant of authority allows the board to establish specific safety requirements, such as the minimum number of fire extinguishers for motorboats over 65 feet in length, under the general framework of ensuring public safety on waterways. The legal significance of this authorization relationship is that it empowers the board to create detailed regulations that address specific safety concerns without needing further legislative approval, thereby facilitating timely and effective regulatory responses to safety issues.

Provision 5

"2. In addition to the hand-portable fire extinguishers required by subdivision 1..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish specific requirements, such as the need for additional fire-extinguishing equipment in machinery spaces, which falls within the scope of ensuring safety and compliance in operational environments. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that are necessary to fulfill its mandate, thereby providing flexibility in addressing safety standards without requiring further legislative action.

Provision 6

"3. The frame or support of each Type 160-B fire extinguisher required by subdivi..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, while also empowering the Board to create rules and regulations deemed necessary for effective administration. This broad language allows the Board to establish detailed requirements, such as the structural specifications for fire extinguishers, under the general authority provided by the statute. The legal significance of this relationship is that it enables the Board to implement specific safety measures without needing further legislative approval, ensuring that regulations can adapt to practical enforcement needs.

Provision 7

"4. If an approved semiportable fire extinguisher has wheels and is not required ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language enables the Board to implement regulations that address safety concerns, such as the requirement for securely stowing semiportable fire extinguishers, which is essential for preventing hazards in heavy sea conditions. The legal significance of this relationship is that it empowers the Board to establish necessary safety regulations without needing further specific legislative approval, thereby ensuring effective oversight and regulation in maritime safety.

Provision 8

"C. Barges carrying passengers. 1. Every barge of 65 feet in length or less while..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and to make regulations as necessary. This broad language allows the Board to establish safety requirements, such as the need for fire extinguishers on certain barges, as it falls within the scope of ensuring passenger safety on waterways. The legal significance of this relationship is that it empowers the Board to implement regulations that address specific safety concerns without needing further legislative approval, thereby facilitating timely and effective regulatory action.

Provision 9

"2. Every barge of over 65 feet in length while carrying passengers when towed or..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to implement regulations that address safety requirements for vessels, such as the need for fire extinguishers on barges, which falls within the scope of ensuring safe operations on waterways. The legal significance of this authorization relationship is that it empowers the Board to create specific safety regulations without needing further legislative approval, thereby facilitating timely and effective regulatory responses to safety concerns.

Watercraft: Safety Equipment Requirements

4VAC15-430-200

Express

General

Overreach

Unauthorized

Requirements

A. Condition and number of fire extinguishers required for recreational vessels built model year 2017 or earlier, between 1953 and 2017, and contracted prior to November 19, 1953.¹ 1. Previously installed extinguishers with extinguishing capacities that are less than what is required in the tables contained in 4VAC15-430-190 need not be replaced but must be maintained in good condition.² 2. All extinguishers installed after August 22, 2016, must meet the applicable requirements in 4VAC15-160 through 4VAC15-210 .³ B. Vessels contracted for prior to November 19, 1952, shall meet the applicable provisions of 4VAC15-430-160 through 4VAC15-430-190 insofar as the number and general type of equipment is concerned. Existing items of equipment and installations previously approved but not meeting the applicable requirements for type approval may be continued in service so long as they are in good condition. All new installations and replacements shall meet the requirements of 4VAC15-430-160 through 4VAC15-430-190 .⁴

Provision-Level Authorization Analysis

Provision 1

"A. Condition and number of fire extinguishers required for recreational vessels ..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board is authorized to adopt regulations as it deems appropriate and to the extent necessary. The regulation regarding the condition and number of fire extinguishers for recreational vessels appears to exceed the statute's authorization because it imposes specific requirements based on the model year and contract date of the vessels, which may not be necessary for the Board's regulatory purposes. The legal significance of this relationship is that the regulation may not align with the statute's intent to provide broad authority for regulations, potentially leading to an overreach beyond what was intended by the legislature.

Provision 2

"1. Previously installed extinguishers with extinguishing capacities that are les..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter and empowers the Board to make rules and regulations deemed necessary for effective administration. This broad grant of authority allows for the establishment of regulations that provide flexibility in the enforcement of standards, such as permitting the maintenance of previously installed extinguishers that do not meet current capacity requirements. The legal significance of this authorization relationship is that it enables the agency to implement practical and adaptable measures while ensuring compliance with the overarching goals of the statute.

Provision 3

"2. All extinguishers installed after August 22, 2016, must meet the applicable r..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish regulations that encompass various requirements, such as those related to extinguishers, thereby resulting in GENERAL_DELEGATION since the regulation falls within the scope of what the Board is authorized to regulate. The legal significance of this authorization relationship is that it empowers the Board to implement necessary safety standards without needing further specific legislative approval, ensuring effective governance and regulatory oversight.

Provision 4

"B. Vessels contracted for prior to November 19, 1952, shall meet the applicable ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board has the authority to adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations that address various aspects of vessel equipment and installations, including those contracted for prior to a specific date, thereby justifying the GENERAL_DELEGATION classification. The legal significance of this relationship is that it empowers the Board to implement regulations that ensure compliance and safety standards for vessels, reflecting the legislative intent to provide flexibility in regulatory oversight.

Watercraft: Safety Equipment Requirements

4VAC15-430-210

Express

General

Overreach

Unauthorized

Requirements

A. Every gasoline engine installed in a motorboat or motor vessel after April 25, 1940, except outboard motors, shall be equipped with an acceptable means of backfire flame control.¹ B. Installations made before November 19, 1952, may be continued in use as long as they are serviceable and in good condition. Replacements shall comply with any applicable standards established by the U.S. Coast Guard and be marked accordingly. The flame arrester must be suitably secured to the air intake with a flametight connection.² C. Installations consisting of backfire flame arresters bearing basic approval nos. 162.015 or 162.041 or engine air and fuel induction systems bearing basic approval nos. 162.015 or 162.042 may be continued in use as long as they are serviceable and in good condition. New installations or replacements must comply with any applicable standards established by the U.S. Coast Guard and be marked accordingly. The flame arrester must be suitably secured to the air intake with a flametight connection.³

Provision-Level Authorization Analysis

Provision 1

"A. Every gasoline engine installed in a motorboat or motor vessel after April 25..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, while empowering the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority allows the regulation requiring backfire flame control in gasoline engines to fall under the category of necessary and proper rules for ensuring safety and compliance within the chapter's framework. The legal significance of this authorization relationship is that it provides the Board with the flexibility to implement regulations that address specific safety concerns without needing further legislative approval, thereby facilitating effective governance.

Provision 2

"B. Installations made before November 19, 1952, may be continued in use as long ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to establish regulations that address various operational and safety standards, such as those related to installations and replacements, which are reflected in the regulation. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without needing to seek further specific legislative approval, thereby facilitating effective governance and oversight in the relevant area.

Provision 3

"C. Installations consisting of backfire flame arresters bearing basic approval n..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to create regulations that address various aspects of safety and operational standards, including the continued use of specific installations as long as they are serviceable and in good condition. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that ensure compliance and safety without needing to seek further legislative approval, thereby facilitating effective governance in the relevant area.

Watercraft: Safety Equipment Requirements

4VAC15-430-220

Express

General

Overreach

Unauthorized

Requirements

Provision-Level Authorization Analysis

Provision 1

"Except as otherwise provided by statute, any person who violates any provision o..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language enables the Board to establish enforcement mechanisms, such as penalties for violations, which is reflected in the regulation that classifies violations as a Class 4 misdemeanor. The legal significance of this relationship is that it empowers the Board to implement necessary regulations to ensure compliance and uphold the statutory framework, thereby supporting effective governance within the agency's jurisdiction.

CROSS-REFERENCE § 29.1-746

Watercraft: Commercial Vessel Safety Equipment Requirements

4VAC15-440-10

Express

General

Overreach

Unauthorized

Requirements

This chapter applies to vessels on waters within the territorial limits of the Commonwealth (both public and private waters), except:¹ 1. Vessels used for noncommercial use;² 2. Vessels leased, rented, or chartered to another for the latter's noncommercial use;³ 3. Commercial vessels propelled by sail not carrying passengers for hire; or⁴ 4. Commercial barges not carrying passengers for hire.⁵ B. Terms used in this chapter shall have the same meanings as the terms defined in 4VAC15-430-20 .⁶

Provision-Level Authorization Analysis

Provision 1

"This chapter applies to vessels on waters within the territorial limits of the C..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language provides the Board with the flexibility to regulate various aspects of vessel operations on both public and private waters within the Commonwealth, thereby encompassing the regulation's application to these waters. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations without limitation, ensuring effective governance over the specified areas.

Provision 2

"1. Vessels used for noncommercial use;"

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations as necessary. This broad language provides the Board with the flexibility to regulate various aspects of vessel use, including noncommercial use, thereby encompassing the regulation within its general authority. The legal significance of this relationship is that it enables the Board to effectively manage and oversee vessel regulations without needing to seek further specific legislative approval for each regulation, reflecting a trust in the Board's judgment and expertise.

Provision 3

"2. Vessels leased, rented, or chartered to another for the latter's noncommercia..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to create regulations that address various aspects of vessel leasing, renting, or chartering, which aligns with the regulation's focus on noncommercial use. The legal significance of this relationship is that it empowers the Board to implement regulations that are flexible and responsive to the needs of the community, ensuring effective governance within the scope of its statutory mandate.

Provision 4

"3. Commercial vessels propelled by sail not carrying passengers for hire; or"

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language enables the Board to regulate various aspects of commercial vessels, including those propelled by sail that do not carry passengers for hire, thereby justifying the GENERAL_DELEGATION of authority to address diverse maritime activities. The legal significance of this relationship is that it empowers the Board to implement regulations that respond to specific needs within the maritime sector without requiring further legislative approval, ensuring flexibility and responsiveness in governance.

Provision 5

"4. Commercial barges not carrying passengers for hire."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish regulations, such as those concerning commercial barges not carrying passengers for hire, under a general delegation of authority that encompasses a wide range of regulatory matters within its jurisdiction. The legal significance of this authorization relationship is that it empowers the Board to create and enforce regulations that are essential for the effective management and oversight of activities related to commercial barges, reflecting the legislative intent to provide flexibility in regulatory governance.

Provision 6

"B. Terms used in this chapter shall have the same meanings as the terms defined ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and allows for the creation of regulations as necessary. This broad language provides the Board with the flexibility to define terms and establish standards that align with its regulatory framework, which is reflected in the regulation that adopts definitions from an existing regulation. The legal significance of this relationship is that it empowers the Board to implement comprehensive regulations that are consistent and coherent, ensuring effective governance within its jurisdiction.

Watercraft: Commercial Vessel Safety Equipment Requirements

4VAC15-440-20

Express

General

Overreach

Unauthorized

Requirements

this chapter applies unless it meets the requirements of this section.¹ B. Each vessel not carrying passengers for hire less than 40 feet in length must have at least one U.S. Coast Guard approved life preserver (Type I PFD), buoyant vest (Type II PFD), or marine buoyant device intended to be worn (Type III PFD), of a suitable size for each person on board.² C. Each vessel carrying passengers for hire and each vessel 40 feet in length or longer not carrying passengers for hire must have at least one approved (Type I PFD) life preserver of a suitable size for each person on board.³ D. In addition to the equipment required by subsection B or C of this section, each vessel 26 feet in length or longer must have at least one approved ring life buoy, constructed in accordance with requirements of the U.S. Coast Guard.⁴ E. Each vessel not carrying passengers for hire may substitute an immersion suit for a life preserver, buoyant vest, or marine buoyant device required under subsection B or C of this section. Each immersion suit carried in accordance with this subsection must be of a type approved by the U.S. Coast Guard.⁵ F. On each vessel, regardless of length and regardless of whether carrying passengers for hire, an approved commercial hybrid PFD may be substituted for a life preserver, buoyant vest, or marine buoyant device required under subsection B or C of this section if it is: 1. Used in accordance with the conditions marked on the PFD and in the owner's manual;⁶ 2. Labeled for use on commercial vessels; and⁷ 3. In the case of a performance level 150 commercial hybrid PFD, worn when the vessel is underway and the intended wearer is not within an enclosed space.⁸

Provision-Level Authorization Analysis

Provision 1

"this chapter applies unless it meets the requirements of this section."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language encompasses the regulation, which establishes that its provisions apply unless certain requirements are met, thereby allowing the Board to exercise discretion in determining applicability. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that are adaptable to varying circumstances, reflecting the intent of the statute to provide flexibility in governance.

Provision 2

"B. Each vessel not carrying passengers for hire less than 40 feet in length must..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to implement safety measures, such as requiring life preservers for vessels, which aligns with the overarching goal of ensuring safety on the water. The legal significance of this authorization relationship is that it empowers the Board to address safety concerns through regulations without needing further specific legislative approval, thereby facilitating timely and effective regulatory action.

Provision 3

"C. Each vessel carrying passengers for hire and each vessel 40 feet in length or..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to establish regulations concerning safety measures, such as the requirement for approved life preservers on vessels, which are deemed necessary for the protection of individuals on board. The legal significance of this authorization relationship is that it empowers the Board to implement regulations that ensure public safety without requiring further specific legislative action, thus facilitating effective governance in maritime safety.

Provision 4

"D. In addition to the equipment required by subsection B or C of this section, e..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for the creation of regulations to the extent necessary. This broad language provides the Board with the flexibility to establish detailed safety requirements, such as the necessity for a ring life buoy on vessels 26 feet or longer, which aligns with the overarching goal of ensuring maritime safety. The legal significance of this authorization relationship is that it empowers the Board to implement specific safety measures without needing further legislative approval, thereby facilitating timely and effective regulation in response to safety needs.

Provision 5

"E. Each vessel not carrying passengers for hire may substitute an immersion suit..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically states that the Board shall adopt regulations as it deems appropriate and is authorized to make regulations to the extent necessary. This broad grant of authority allows the Board to implement regulations that provide flexibility in safety equipment requirements, such as permitting the substitution of an immersion suit for traditional flotation devices. The legal significance of this relationship is that it empowers the Board to create adaptive safety measures that enhance maritime safety while remaining within the scope of its regulatory authority.

Provision 6

"F. On each vessel, regardless of length and regardless of whether carrying passe..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and allows for regulations to be made to the extent necessary. This broad language encompasses the regulation allowing for the substitution of an approved commercial hybrid PFD for traditional life-saving devices, as it falls within the Board's discretion to determine appropriate safety measures for vessels. The legal significance of this authorization relationship is that it empowers the Board to implement flexible safety regulations that can adapt to evolving standards and technologies in maritime safety.

Provision 7

"2. Labeled for use on commercial vessels; and"

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for the creation of regulations as necessary. This broad language provides the Board with the flexibility to implement regulations that address various aspects of its mandate, including those related to commercial vessels, thereby justifying the GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to regulate effectively within its jurisdiction without requiring further legislative approval for each specific regulation.

Provision 8

"3. In the case of a performance level 150 commercial hybrid PFD, worn when the v..."

Unauthorized

AUTHORIZATION ANALYSIS

§ 29.1-735 specifically grants the agency authority to establish regulations related to the use of personal flotation devices (PFDs) but does not specify performance levels or conditions under which they must be worn. The regulation requiring a performance level 150 commercial hybrid PFD to be worn when the vessel is underway and the wearer is not in an enclosed space goes beyond the scope of the statutory language, which does not delineate such specific requirements. The legal significance of this relationship is that the regulation lacks the necessary statutory backing to impose conditions that are not explicitly authorized, rendering it unauthorized.

Watercraft: Commercial Vessel Safety Equipment Requirements

4VAC15-440-30

Express

General

Overreach

Unauthorized

Requirements

A. The lifesaving equipment required by this chapter must be legibly marked as required by the U.S. Coast Guard.¹ B. The lifesaving equipment designed to be worn, required in 4VAC15-440-20 subsections B, C and E, must be readily accessible as defined in 4VAC15-430-50 .² C. Lifesaving equipment designed to be thrown, required in 4VAC15-440-20 D, must be immediately available as defined in 4VAC15-430-50 .³ D. The lifesaving equipment required by this section must be in serviceable condition as described in 4VAC15-430-70 .⁴

Provision-Level Authorization Analysis

Provision 1

"A. The lifesaving equipment required by this chapter must be legibly marked as r..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish regulations that ensure compliance with safety standards, such as the requirement for lifesaving equipment to be marked according to U.S. Coast Guard specifications, thereby falling within the scope of the Board's regulatory authority. The legal significance of this relationship is that it empowers the Board to implement necessary safety measures without needing further specific legislative approval, thus facilitating effective governance in matters of public safety.

Provision 2

"B. The lifesaving equipment designed to be worn, required in 4VAC15-440-20 subse..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish requirements for lifesaving equipment accessibility, as outlined in the regulation, under the general authority to regulate matters related to public safety and welfare. The legal significance of this relationship is that it enables the Board to implement necessary safety measures without requiring further specific legislative approval, thereby ensuring timely and effective regulation in response to safety needs.

Provision 3

"C. Lifesaving equipment designed to be thrown, required in 4VAC15-440-20 D, must..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish regulations, such as those concerning the availability of lifesaving equipment, under a general delegation of authority, as it encompasses a wide range of regulatory needs without limitation. The legal significance of this relationship is that it empowers the Board to implement necessary safety measures through regulations that are essential for public welfare, reflecting the intent of the statute to provide flexibility in regulatory oversight.

Provision 4

"D. The lifesaving equipment required by this section must be in serviceable cond..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations that it deems appropriate and allows for regulations to be made to the extent necessary. This broad language empowers the Board to establish specific requirements, such as ensuring lifesaving equipment is in serviceable condition, as it falls within the scope of necessary regulations for public safety. The legal significance of this relationship is that it provides the Board with the flexibility to implement detailed regulations under a general delegation of authority, ensuring effective governance and compliance with safety standards.

Watercraft: Commercial Vessel Safety Equipment Requirements

4VAC15-440-40

Express

General

Overreach

Unauthorized

Requirements

This section applies to vessels described in 4VAC15-440-10 that engage in ocean or coastwise voyages.¹ B. Each immersion suit carried in accordance with 4VAC15-440-20 , each life preserver, each marine buoyant device intended to be worn, and each buoyant vest must have a personal flotation device light that is approved by the U.S. Coast Guard.² C. Each personal flotation device light required by this section must be securely attached to the front shoulder area of the immersion suit, life preserver, or other personal flotation device.³ D. If a personal flotation device light has a nonreplaceable power source, the light must be replaced on or before the expiration date of the power source. If the light has a replaceable power source, the power source must be replaced on or before its expiration date and the light must be replaced when it is no longer serviceable.⁴

Provision-Level Authorization Analysis

Provision 1

"This section applies to vessels described in 4VAC15-440-10 that engage in ocean ..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations it deems appropriate and authorizes it to make regulations to the extent necessary. This broad language allows the Board to regulate various aspects of vessels engaging in ocean or coastwise voyages, as outlined in the regulation, thereby establishing a connection that falls under the scope of GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to implement necessary regulations without requiring further specific legislative action, ensuring effective oversight and management of maritime activities.

Provision 2

"B. Each immersion suit carried in accordance with 4VAC15-440-20 , each life pres..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the establishment of regulations that ensure safety and compliance in activities associated with these wildlife, which encompasses the requirement for personal flotation devices and their safety features. The legal significance of this authorization relationship is that it empowers the Board to implement necessary safety regulations that support the overarching goals of wildlife conservation and public safety in activities involving these species.

Provision 3

"C. Each personal flotation device light required by this section must be securel..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and authorizes it to make regulations to the extent necessary. This broad language allows the Board to implement specific requirements, such as the secure attachment of personal flotation device lights, which falls within the scope of ensuring safety and compliance in water-related activities. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that are essential for the effective enforcement of safety standards without the need for further legislative approval.

Provision 4

"D. If a personal flotation device light has a nonreplaceable power source, the l..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that ensure safety and compliance in activities associated with wildlife, which encompasses requirements for equipment such as personal flotation devices. The legal significance of this authorization relationship is that it provides the Board with the flexibility to implement necessary regulations that support the overarching goals of wildlife management and public safety without being limited to specific actions or equipment.

Watercraft: Commercial Vessel Safety Equipment Requirements

4VAC15-440-50

Express

General

Overreach

Unauthorized

Requirements

A. Each life preserver, each marine buoyant device intended to be worn, and each buoyant vest carried on a vessel must have Type I retroreflective material that is approved by the U.S. Coast Guard.¹ B. Each item required to have retroreflective material must have at least 31 sq. in. (200 sq. cm.) of material attached to its front side, at least 31 sq. in. of material on its back side, and, if the item is reversible, at least 31 sq. in. of material on each of its reversible sides. The material attached on each side of the item must be divided equally between the upper quadrants of the side, and the material in each quadrant must be attached as closely as possible to the shoulder area of the item.²

Provision-Level Authorization Analysis

Provision 1

"A. Each life preserver, each marine buoyant device intended to be worn, and each..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses a wide range of activities and responsibilities, allowing for the establishment of regulations that ensure safety and compliance in activities related to wildlife, which includes the requirement for safety equipment such as life preservers and buoyant devices on vessels. The legal significance of this authorization relationship is that it empowers the Board to create regulations that protect both wildlife and public safety, demonstrating the legislative intent to provide comprehensive oversight in these areas.

Provision 2

"B. Each item required to have retroreflective material must have at least 31 sq...."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the establishment of regulations that ensure safety and compliance in activities associated with wildlife, which encompasses requirements for equipment like retroreflective material to enhance visibility and safety during such activities. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for the effective management and regulation of wildlife-related activities, thereby ensuring public safety and conservation efforts.

Watercraft: Commercial Vessel Safety Equipment Requirements

4VAC15-440-60

Express

General

Overreach

Unauthorized

Requirements

Provision-Level Authorization Analysis

Provision 1

"Except as otherwise provided by statute, any person who violates any provision o..."

General Delegation

AUTHORIZING STATUTE § 29.1-735

The Board shall adopt such regulations as it deems appropriate The Board is hereby authorized to make regulations to the extent necessary

ANALYSIS

§ 29.1-735 specifically grants the Board the authority to adopt regulations as it deems appropriate and to make regulations to the extent necessary. This broad language allows the Board to establish regulations that enforce compliance with the chapter, including penalties for violations, thereby resulting in GENERAL_DELEGATION. The legal significance of this relationship is that it empowers the Board to create necessary regulations to ensure effective enforcement of the statute, maintaining the integrity of the regulatory framework.

CROSS-REFERENCE § 29.1-746

Watercraft: Commercial Parasail Operations

4VAC15-450-10

Express

General

Overreach

Unauthorized

Requirements

This chapter applies to all commercial parasail operations on waters of the Commonwealth.¹

Provision-Level Authorization Analysis

Provision 1

"This chapter applies to all commercial parasail operations on waters of the Comm..."

General Delegation

AUTHORIZING STATUTE § 29.1-735.3

The Board shall promulgate regulations applicable to the commercial operations of parasail operators on waters of the Commonwealth

ANALYSIS

§ 29.1-735.3 specifically grants the Board the authority to promulgate regulations that govern the commercial operations of parasail operators on the waters of the Commonwealth. This broad language allows the Board to create comprehensive regulations that apply to all aspects of commercial parasail operations, resulting in GENERAL_DELEGATION because the regulation directly implements the statutory mandate without exceeding the authority granted. The legal significance of this relationship is that it ensures the regulation is valid and enforceable, as it operates within the framework established by the statute.

Watercraft: Commercial Parasail Operations

4VAC15-450-20

Express

General

Overreach

Unauthorized

Requirements

As used in this chapter unless the context clearly requires a different meaning the following words and terms shall have the following meanings: "Commercial parasail operation" means all parasail activities engaged in or caused to be engaged in by any person or legal entity with the object of making a profit or obtaining an economic benefit either directly or indirectly. "Operate" means to navigate or otherwise control the movement of a vessel. "Parasailing" means the activity in which an individual is transported or carried aloft by a parachute, sail, or other material attached to a towline that is towed by a vessel where the rider ascends into the air by the towline being extended from the vessel and remains suspended in the air as the vessel runs its course. "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. "Waters of the Commonwealth" means any public waters within the territorial limits of the Commonwealth, the adjacent marginal sea and the high seas when navigated as a part of a journey or ride to or from the Virginia shore.¹

Provision-Level Authorization Analysis

Provision 1

"As used in this chapter unless the context clearly requires a different meaning ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the regulation of activities that may impact wildlife, which can encompass various commercial operations, including those that may involve parasailing, as these activities could affect the environment and wildlife indirectly. The legal significance of this authorization relationship is that it enables the Board to implement regulations that ensure the protection and management of wildlife resources, reflecting a comprehensive approach to conservation and regulation within the scope of its statutory authority.

Watercraft: Commercial Parasail Operations

4VAC15-450-30

Express

General

Overreach

Unauthorized

Requirements

All commercial parasail operators shall have a valid Coast Guard License for carrying passengers for hire. 2.¹ Vessels engaged in parasailing operations must be equipped with a rear launchplatform and direct launch and recovery hydraulic winch system used to pay out and reel in the towline. 3.² Prior to leaving the dock, all passengers and parasail participants shall be required to view a parasail safety briefing video and/or be given a written parasail safety briefing handout.³ Briefing materials shall be consistent with information approved or provided by the Professional Association of Parasail Operators (PAPO). 4.⁴ Parasailing shall only be conducted from one-half hour before sunrise to one-half hour after sunset. 5.⁵ All parasail riders, when attached to the harness of a parasail canopy, shall wear a United States Coast Guard approved Type I, II, or III inherently buoyant noninflatable personal flotation device that is in serviceable condition and of the proper size.⁶ The rider must be secured in a seat harness attached to an ascending type of parachute that is connected to the towline. 6.⁷ All parasailing operations shall include, in addition to the operator of the vessel, an observer 18 years or older at all times to monitor the progress of an airborne parasail rider and parachute. 7.⁸ All parasailing towing vessels when operating more than 1,000 feet from shore shall be equipped with a VHF radio that is in working order and tuned to Channel 16. 8.⁹ Parasailing shall be prohibited when there are sustained winds in excess of 20 mph/17.5 knots and/or seas in excess of six feet in the area of operation. 9.¹⁰ Parasail operation towlines shall not exceed 1,200 feet in total length on the vessel's winch drum or exceed 1,000 feet of towline from boat to canopy yoke while conducting parasail flight operations.¹¹ All commercial towlines must have a minimum diameter of 3/8 inches, be a maximum length of 1,200 feet, and have a minimum tensile strength of 4,800 lbs.¹² An in-service date shall be logged whenever new line is installed. 10.¹³ Parasail operators shall inspect the towline in its entirety daily for damage and/or wear and, if necessary, shall immediately replace the line.¹⁴ A minimum of two feet shall be trimmed from the towline bitter end within a maximum period of seven days or every 400 flights or as may become necessary.¹⁵ The towline shall be kept clean and well maintained in accordance with manufacturers' specifications, requirements, and/or recommendations.¹⁶ A written log of such inspections and maintenance shall be kept at all times. 11.¹⁷ Parasail vessel operators shall at all times maintain a safe parasail chute distance from any surf-zone, shoreline, or fixed object when engaged in actual parasail operations.¹⁸ This includes all of the following: (i) the canopy shall not be allowed to pass within three times the length of the towline from shore or any structure, (ii) when the wind has an onshore component, the canopy's minimum distance from shore is a function of wind speed as follows: either 1,000 feet or a sliding distance based on wind speed (0-5 mph – 600 feet, 6-10 mph – 1,000 feet, 11-15 mph – 1,800 feet, 16-20 mph – 2,400 feet). 12.¹⁹ Parasail operators shall only launch and land riders from the flight deck of the vessel.²⁰ Spectators shall not be permitted on the launch/landing deck area while the vessel is engaged in actual parasail operations.²¹ At no time shall there be more than three passengers in any canopy.²² Multipassenger flights shall only be conducted after the vessel operator has made reasonable judgment regarding the flight safety prior to each flight and then only under the following conditions: (i) wind conditions must be adequate, stable and persistent, (ii) sea conditions must be conducive to such activities, (iii) commercial equipment specifically designed and professionally manufactured for multipassenger flight operations must be utilized, (iv) all equipment manufacturers' specifications, requirements and/or recommendations must be adhered to, and (v) the vessel's winch system must be equipped with a functional level-winder during all multipassenger flights. 13.²³ A person may not operate or manipulate any vessel by which the direction or location of a parasail may be affected or controlled in such a way as to cause the parasail or any person thereon to collide or strike against or be likely to collide or strike against any vessel, bridge, wharf, pier, dock, buoy, platform, piling, channel marker, or other object. 14.²⁴ The deliberate lowering of any person attached to the parasail to be in contact with the water's surface (toe dipping) shall only be conducted after the vessel operator has made reasonable judgment regarding the safety of the activity and his ability to control such an activity and then only when wind and sea conditions are conducive to such activity.²⁵ Deliberate dipping above the ankles or allowing a participant to touch the water during his flight within 200 feet of another vessel or object or within 50 feet of the stern of the tow vessel is prohibited. 15.²⁶ Commercial parasail operators shall notify the department's law-enforcement division dispatch office at least 14 days in advance of the commencement of annual operations.²⁷

Provision-Level Authorization Analysis

Provision 1

"All commercial parasail operators shall have a valid Coast Guard License for car..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of regulations that ensure safe and responsible practices in activities that may impact wildlife, which can encompass the requirement for commercial parasail operators to hold a valid Coast Guard License for carrying passengers for hire. The legal significance of this authorization relationship is that it enables the Board to regulate activities that may intersect with wildlife conservation and public safety, thereby justifying the GENERAL_DELEGATION for the regulation in question.

Provision 2

"Vessels engaged in parasailing operations must be equipped with a rear launchpla..."

General Delegation

AUTHORIZING STATUTE § 29.1-502

The board may adopt regulations and amendments to regulations upon completion of all applicable hearing and notice requirements.

ANALYSIS

§ 29.1-502 specifically grants the board the authority to adopt regulations and amendments to regulations after completing all applicable hearing and notice requirements. This broad grant of authority allows the board to establish specific operational standards, such as the requirement for vessels engaged in parasailing to have certain equipment, which falls within the scope of ensuring safety and compliance in recreational activities. The legal significance of this authorization relationship is that it empowers the board to implement detailed regulations that address specific safety concerns without requiring additional legislative action, thereby facilitating effective governance in the area of water safety.

Provision 3

"Prior to leaving the dock, all passengers and parasail participants shall be req..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation requiring a safety briefing for parasail participants, as it falls within the Board's responsibility to ensure safe practices related to activities involving wildlife and water activities. The legal significance of this authorization relationship is that it allows the Board to implement necessary safety measures, reflecting its mandate to regulate activities that may impact public safety and wildlife management.

Provision 4

"Briefing materials shall be consistent with information approved or provided by ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the hunting, taking, and transportation of wild animals and fish. This broad grant of authority allows the Board to establish regulations that ensure compliance with industry standards, such as those set by the Professional Association of Parasail Operators, thereby resulting in GENERAL_DELEGATION. The legal significance of this authorization relationship is that it empowers the Board to create and enforce regulations that align with professional practices, ensuring both the protection of wildlife and the safety of recreational activities.

Provision 5

"Parasailing shall only be conducted from one-half hour before sunrise to one-hal..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, while empowering the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority allows the Board to establish regulations, such as the specified time restrictions for parasailing, as necessary for safety and effective management of the activity. The legal significance of this authorization relationship is that it provides the Board with the flexibility to create regulations that address specific operational concerns within the framework established by the statute, thereby ensuring the effective governance of the chapter's provisions.

Provision 6

"All parasail riders, when attached to the harness of a parasail canopy, shall we..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation requiring parasail riders to wear a personal flotation device does not pertain to the activities explicitly authorized by the statute, which focuses solely on wildlife-related matters. The legal significance of this relationship is that the regulation appears to exceed the Board's authority as defined by the statute, potentially infringing on areas not covered by the legislative intent of § 29.1-501.

Provision 7

"The rider must be secured in a seat harness attached to an ascending type of par..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language allows for a wide range of regulatory measures that can encompass safety and operational requirements, such as those outlined in the regulation regarding the securement of riders in parachute activities, which relates to the broader context of wildlife management and recreational activities. The legal significance of this authorization relationship is that it provides the Board with the flexibility to implement necessary regulations that ensure safety and compliance within the scope of wildlife-related activities without needing to specify every detail in the statute itself.

Provision 8

"All parasailing operations shall include, in addition to the operator of the ves..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the establishment of regulations that ensure safety and oversight in activities associated with wildlife, which can encompass various operations, including those that may involve airborne activities like parasailing. The legal significance of this authorization relationship is that it permits the Board to implement regulations that promote public safety and responsible management of wildlife-related activities under its jurisdiction, reflecting a general delegation of authority to address related operational concerns.

Provision 9

"All parasailing towing vessels when operating more than 1,000 feet from shore sh..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority encompasses various activities and practices associated with wildlife, allowing for the establishment of regulations that ensure safety and compliance in related areas, such as the operation of vessels engaged in activities like parasailing. The legal significance of this authorization relationship is that it enables the Board to implement necessary safety measures that indirectly support the overarching goals of wildlife management and protection, thereby justifying the GENERAL_DELEGATION of regulatory authority.

Provision 10

"Parasailing shall be prohibited when there are sustained winds in excess of 20 m..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the establishment of regulations that ensure safety and environmental protection in activities related to wildlife, which can encompass regulations like the prohibition of parasailing under certain conditions to protect both wildlife and public safety. The legal significance of this authorization relationship is that it empowers the Board to create necessary regulations that address various aspects of wildlife management and associated activities, thus ensuring effective governance and protection of natural resources.

Provision 11

"Parasail operation towlines shall not exceed 1,200 feet in total length on the v..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to make rules and regulations deemed necessary and proper for effective administration. This broad grant of authority encompasses the regulation regarding parasail operation towlines, as it falls within the scope of ensuring safety and proper conduct during such operations, which is essential for effective administration. The legal significance of this authorization relationship is that it empowers the agency to create detailed regulations that address specific operational standards, thereby enhancing safety and compliance within the industry.

Provision 12

"All commercial towlines must have a minimum diameter of 3/8 inches, be a maximum..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad language encompasses various aspects of wildlife management, allowing for regulations that ensure safety and compliance in activities related to these species, which includes specifications for equipment used in such activities. The legal significance of this authorization relationship is that it provides the Board with the necessary flexibility to implement detailed regulations that support the overarching goals of wildlife conservation and management, thereby justifying the GENERAL_DELEGATION status of the regulation.

Provision 13

"An in-service date shall be logged whenever new line is installed. 10."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows the Board to establish regulations that encompass various aspects of wildlife management, including operational procedures such as logging in-service dates for new installations, which can be seen as necessary for effective regulation enforcement. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations that support the overarching goals of wildlife conservation and management, ensuring compliance and oversight in related activities.

Provision 14

"Parasail operators shall inspect the towline in its entirety daily for damage an..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of regulations that ensure safety and compliance in activities associated with these wildlife, which can include regulations on equipment used in recreational activities like parasailing. The legal significance of this authorization relationship is that it provides the Board with the flexibility to implement necessary safety measures, such as the inspection of towlines, under the umbrella of managing activities that impact wildlife and their habitats.

Provision 15

"A minimum of two feet shall be trimmed from the towline bitter end within a maxi..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter, allowing the Board to create rules and regulations deemed necessary for effective administration. This broad language encompasses the regulation's requirement for trimming the towline bitter end, as it falls within the scope of necessary actions to ensure safety and operational effectiveness. The legal significance of this authorization relationship is that it empowers the agency to implement detailed operational standards without requiring further legislative approval, thereby facilitating efficient regulation within the framework established by the statute.

Provision 16

"The towline shall be kept clean and well maintained in accordance with manufactu..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and transportation of wild animals and fish. This broad grant of authority allows for the establishment of regulations that ensure safe and effective practices, such as maintaining equipment like towlines, which is essential for the proper handling and transport of wildlife. The legal significance of this authorization relationship is that it empowers the Board to create detailed regulations necessary for the implementation of wildlife management practices, ensuring compliance with statutory objectives while maintaining flexibility in operational standards.

Provision 17

"A written log of such inspections and maintenance shall be kept at all times. 11..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation requiring a written log of inspections and maintenance, as it relates to the management and oversight of activities involving wildlife, ensuring compliance and accountability in their handling. The legal significance of this authorization relationship is that it allows the Board to implement necessary operational procedures that support the overarching goals of wildlife conservation and regulation without needing further specific legislative approval.

Provision 18

"Parasail vessel operators shall at all times maintain a safe parasail chute dist..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority allows for the establishment of regulations that ensure safety and proper conduct in activities associated with wildlife, which can encompass regulations like those governing parasailing operations to protect both participants and the environment. The legal significance of this authorization relationship is that it provides the Board with the flexibility to implement necessary safety measures under its general regulatory authority, ensuring that all activities related to wildlife management are conducted safely and responsibly.

Provision 19

"This includes all of the following: (i) the canopy shall not be allowed to pass ..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses a wide range of activities and conditions related to wildlife management, allowing for the establishment of specific regulations, such as those governing the operation of canopies in relation to shorelines and wind conditions. The legal significance of this relationship is that it enables the Board to create detailed regulations necessary for the effective management and conservation of wildlife, ensuring that such regulations are consistent with the overarching statutory authority.

Provision 20

"Parasail operators shall only launch and land riders from the flight deck of the..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-735.3

The Board shall promulgate regulations applicable to the commercial operations of parasail operators on waters of the Commonwealth

ANALYSIS

§ 29.1-735.3 specifically grants the Board the authority to promulgate regulations concerning the commercial operations of parasail operators on the waters of the Commonwealth. The regulation's requirement that parasail operators launch and land riders exclusively from the flight deck of the vessel may exceed the statutory authorization, as the statute does not explicitly limit launch and landing sites to the flight deck, leaving room for alternative methods that could still ensure safety. The legal significance of this relationship indicates that while the Board has the authority to regulate, the specific limitations imposed by the regulation may not align with the broader regulatory framework intended by the statute, potentially infringing on the operational flexibility of parasail operators.

Provision 21

"Spectators shall not be permitted on the launch/landing deck area while the vess..."

Potential Overreach

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to create regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. The regulation concerning spectators on the launch/landing deck area during parasail operations does not relate to the activities explicitly authorized by the statute, which focuses solely on wildlife management and does not encompass parasailing or related safety measures. The legal significance of this relationship is that the regulation may exceed the Board's statutory authority, as it addresses a matter outside the scope of wildlife-related activities defined in the statute.

Provision 22

"At no time shall there be more than three passengers in any canopy."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and transportation of wild animals. This broad language allows for the establishment of regulations that ensure safety and compliance in activities associated with wildlife, such as limiting the number of passengers in a canopy to promote responsible practices. The legal significance of this relationship is that it empowers the Board to create necessary regulations under a general delegation of authority, ensuring effective management of wildlife resources while adhering to the overarching statutory framework.

Provision 23

"Multipassenger flights shall only be conducted after the vessel operator has mad..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to various aspects of wildlife management, including the taking and transportation of wild animals and fish. This broad grant of authority encompasses the regulation by allowing the Board to establish safety conditions for activities that may impact wildlife, thereby resulting in GENERAL_DELEGATION as the regulation addresses safety measures that are integral to the responsible management of wildlife interactions. The legal significance of this authorization relationship is that it empowers the Board to implement necessary regulations that ensure both the safety of operations and the protection of wildlife, reflecting the statute's intent to manage these activities comprehensively.

Provision 24

"A person may not operate or manipulate any vessel by which the direction or loca..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses the regulation because it allows the Board to establish rules that ensure the safe operation of activities related to wildlife, including the use of vessels in proximity to these activities, thereby promoting safety and conservation. The legal significance of this authorization relationship is that it enables the Board to implement necessary regulations that protect both wildlife and public safety without exceeding the scope of its statutory authority.

Provision 25

"The deliberate lowering of any person attached to the parasail to be in contact ..."

General Delegation

AUTHORIZING STATUTE § 29.1-701

ANALYSIS

§ 29.1-701 specifically grants the Department the authority to enforce and administer the provisions of the chapter and empowers the Board to create rules and regulations deemed necessary for effective administration. This broad grant of authority allows for the establishment of regulations that ensure safety and operational standards, such as the requirement for vessel operators to make reasonable judgments regarding safety before conducting specific activities. The legal significance of this authorization relationship is that it provides the agency with the flexibility to implement regulations that address safety concerns while remaining within the scope of the statutory framework.

Provision 26

"Deliberate dipping above the ankles or allowing a participant to touch the water..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, or inland water fish. This broad grant of authority encompasses a wide range of activities and behaviors associated with wildlife management, allowing for regulations that ensure safety and conservation, which is reflected in the prohibition outlined in the regulation regarding participant conduct near vessels. The legal significance of this authorization relationship is that it enables the Board to implement necessary regulations that address specific scenarios, thereby promoting responsible wildlife interaction and management without exceeding the parameters set by the statute.

Provision 27

"Commercial parasail operators shall notify the department's law-enforcement divi..."

General Delegation

AUTHORIZING STATUTE § 29.1-501

ANALYSIS

§ 29.1-501 specifically grants the Board the authority to promulgate regulations related to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of wild birds, wild animals, and inland water fish. This broad grant of authority allows for the establishment of regulations that ensure the management and oversight of activities associated with wildlife, which can encompass operational requirements for commercial activities, such as parasailing, that may impact wildlife or their habitats. The legal significance of this authorization relationship is that it provides the Board with the flexibility to regulate various aspects of wildlife management, ensuring that all related activities are conducted in a manner that is consistent with conservation goals.

Watercraft: Commercial Parasail Operations

4VAC15-450-40

Express

General

Overreach

Unauthorized

Requirements