4VAC15-50-120. Game: Bear. Bear hound training season.
Summary
The proposal is to (i) provide the opportunity to chase bears with dogs, without harvesting, during 18 days of the bear open season that has been removed in 23 counties, primarily located in the northwestern portion of the state where sarcoptic mange is endemic; (ii) ensure that dates for training season in Appomattox and Buckingham counties do not conflict with proposed changes for the open season; and (iii) clarify language regarding the “carry” of firearms during the bear hound training season to ensure consistency with the Second Amendment of the United States Constitution.
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
- Amendments to the open bear season regulation (4VAC15-50-11) resulted in the removal of 25 bear firearms hunting days in certain areas. On 18 of those days removed, hounds could be used to hunt bear in 23 counties. To continue providing as much recreational opportunity as possible during the reduced firearms season without impacting bear populations, this proposal will enable hunters to chase bears with hounds, without harvesting them, in these counties, concurrent with the regular open season dates that have allowed the use of hounds. These proposals will also help alleviate shifts in hunting pressure to adjoining counties where bear seasons are not being reduced while also limiting potential user conflicts of users in new areas, particularly those with limited public land access. The ability for hunters to continue chasing bears during this time may also assist the Department in monitoring incidents of sarcoptic mange and bear status in these reduced harvest zones.
- For consistency in seasons across mange affected zones, the open season proposal (4VAC15-50-11) will provide three additional days of firearms bear season in Appomattox and Buckingham counties, the last two of which will allow the use of dogs. Therefore, a modification of subsections B and C is necessary so that the chase regulation is not counter to the open season regulation on those two days that overlap.
- It is well established through historical application and case law that the Second Amendment of the United States Constitution provides for the right to keep and bear arms and that this right shall not be infringed. While the right to keep and bear arms isn’t unlimited and there are certain circumstances and situations where such right is restricted, these restrictions apply to background checks, felony convictions, and possession in sensitive locations. As recent case law continues to clarify that such restrictions don’t apply to department-owned and managed lands or hunting situations, Department staffs have reviewed relevant regulations to ensure the consistency of these regulations with an individual’s right under the Second Amendment. While an individual’s rights under Second Amendment may permit possession of a firearm in many circumstances, the right to such possession doesn’t authorize the use of a firearm for hunting. Lawful use of firearms for hunting remains controlled by applicable laws and regulations.