4VAC15-50-70. Game: Bear. Archery hunting.
Summary
The proposal is to (i) remove 14 days from the bear archery season in 24 counties, primarily located in the northwestern portion of the state where sarcoptic mange is endemic and (ii) clarify language regarding the “carry” of firearms during the archery season for bear to ensure consistency with the Second Amendment of the United States Constitution.
DWR has heard, and understands, hunter concerns about the substantial reductions in bear hunting opportunities in areas impacted by mange. These decisions are made with both hunter opportunity and bear population health in mind and are based on the best scientific information that we have. Below are some of the factors that went into these decisions:
- Mange, combined with bear harvest and other forms of mortality, significantly reduced bear populations in multiple counties where the disease has been evident for several years. Similarly, without substantial harvest level reductions, bear populations are expected to decline in areas more recently impacted by mange.
- Currently, there is no cure or practical treatment option for mange in wild bear populations, so reducing female bear harvest levels is the most effective tool available to lessen negative population impacts from mange.
- The goals in reducing female bear harvests now are to recover bear populations more quickly, minimize the impacts of mange on the leading edge of the outbreak, and ultimately restore traditional hunting seasons more quickly.
- These regulation proposals focus on equitably reducing female harvest across all types of bear hunting seasons, including archery, muzzleloader, and firearms (with and without dogs).
- These proposals would still allow hunters to chase bears with dogs on the days when bear harvest with dogs is proposed to be removed, so that the time hunters can be in the woods with their bear dogs remains unchanged.
- Through ongoing research with Virginia Tech, and collaboration with other states and partners, the Department is learning as much as fast as we can about mange in bears and other animals with the hope to refine and enhance the Department’s response and management in the future.
- DWR remains committed to balancing bear hunting opportunities with long-term management of the bear population in a sustainable way.
- For more detailed information, please see the rationale below and read the document at this link.
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
- To address significant bear population declines in Zones 4, 5, 8, 9, and 10, bear archery, muzzleloader, and firearms (open) seasons are proposed for reduction. This proposed season package will retain diverse forms of bear hunting recreation and allocate harvests as equitably as possible, in accordance with the 2023-2032 Bear Management Plan. For more details, please refer to the rationale provided under the bear open season regulation proposal (4VAC15-50-11).
- 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.