4VAC15-40-310. Game: In General. Dispatch of game or furbearers by authorized persons. (NEW)
Summary
The proposal is to establish that Department staff or designees may authorize citizens to dispatch severely injured or diseased game and fur-bearing animals and nonmigratory game birds for animal welfare reasons.
Proposed Language
Note: In the “Proposed Language” document, underlined text denotes proposed new language, while text with a strikethrough denotes language that is proposed to be deleted.
Rationale
The number of diseased and injured animals reported to Department (DWR) staff and to the Wildlife Conflict Helpline has increased in recent years and this number is projected to increase further in the future. Due to the volume of these reports and when they are received, DWR staff, local law enforcement officers including animal control, or other authorized professionals are often unable to respond in-person to address these situations in an expedient manner. Citizens frequently encounter, and are often willing to dispatch, injured or diseased animals. There is often confusion and an extended wait time for citizens who are requesting the ability to dispatch an animal for welfare purposes that has been involved in a vehicle collision, mortally injured by farm machinery, or is showing signs of severe physical or neurological issues from disease. It is currently unlawful for a person to dispatch an animal outside of a hunting season or without a specific permit issued for other purposes (e.g., kill permit, scientific collection permit). This regulation would allow staff from multiple divisions within the DWR, or their designee, to expedite dispatch to provide relief for gravely injured or diseased wildlife while still enabling the Department to collect any needed biological or disease samples or information from these animals. DWR internal guidelines will provide for situational applicability, appropriate designees, and guidelines for dispatch to ensure clarity and consistency.
This proposal minimizes opportunities for abuse in several ways. This proposal is limited to resident species that are generally hunted or trapped to prevent any unintended impacts to threatened or endangered species or any conflicts with federal authority. The requirement for obtaining authorization from the Department Director (or designee) before dispatching an injured animal enables the Department to determine the need, provide appropriate guidance, obtain appropriate samples, and document the situation. The proposal enables a person to possess and use a dispatched animal with appropriate reporting and accountability.