[va-richmond-general] Fwd: Proposed Regs On Feeding Wildlife - Public Comments Needed
- From: Eileen Geller <geller.eileen@xxxxxxxxx>
- To: RAS Listserv <va-richmond-general@xxxxxxxxxxxxx>, Eileen Geller <geller.eileen@xxxxxxxxx>
- Date: Thu, 14 Apr 2011 21:17:27 -0400
A reminder - public comments on this proposed regulation are due before 5
p.m. tomorrow. The links all the way below take you to the online form for
submitting comments.
Thanks,
ERG
---------- Forwarded message ----------
From: Eileen Geller <geller.eileen@xxxxxxxxx>
Date: Tue, Apr 5, 2011 at 2:29 PM
Subject: Proposed Regs On Feeding Wildlife - Public Comments Needed
To: Eileen Geller <geller.eileen@xxxxxxxxx>, RAS Listserv <
va-richmond-general@xxxxxxxxxxxxx>
Hello all—
I am writing about a proposed regulation put forward by the Department of
Game and Inland Fisheries, and to request that as many of you as possible
send VDGIF your comments about it.
The email I have forwarded below lists three proposed VDGIF regs on feeding
wildlife. The first two are specific to bears and deer, but the third one
is much more general – restricting the feeding of *any* wildlife, to include
birds.
Specifically, this is how the proposed regulation reads:
It shall be unlawful for any person as defined in Code of Virginia § 1-230
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. 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. 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.
There is no guidance in the regs as to what would constitute “property
damage,” endangerment, or a “public health concern.” It certainly puts
ordinary bird feeders into the realm of potentially unlawful feeding of
wildlife should anyone ever complain about the feeders. It is also not
clear to me how this might impact conservation measures such as bird boxes
and houses.
I have taken a look at some of the statutes and regulations in our
neighboring states and others to see how this proposed regulation compares.
While Maryland appears to be mum on the topic, I found that North Carolina,
South Carolina, Pennsylvania and West Virginia have laws or regs relating to
feeding wildlife, but all four states exempt feeding birds. Florida and
Arizona have similar exemptions, with Arizona also exempting the feeding of
squirrels. I did not find any examples so sweeping as the one here proposed
by the VDGIF.
Please take a few minutes and prepare a brief comment to the VDGIF on this
regulation. A personalized message about how this proposed regulation would
affect you will have the greatest impact, but please also encourage the
Department to look at how our neighboring states have dealt with this very
legitimate concern while still allowing for personal bird feeders, bird
boxes, etc. I will also be filing comments on behalf of the Richmond
Audubon Society. The deadline to comment is April 15th.
You can comment online through the VDGIF website by clicking on the links in
the message below, or you can mail a comment to the address listed below.
Please do not hesitate to contact me off the listserv with any questions or
concerns.
Regards,
ERG
Eileen Geller
Legislation Chair
------------------------------
*From:* Trollinger, Jeff (DGIF) [mailto:Jeff.Trollinger@xxxxxxxxxxxxxxxxx]
*Sent:* Wednesday, March 23, 2011 9:46 AM
*To:* Alyce Quinn; jtdalmas@xxxxxxxx; ashokatg@xxxxxxxxxxx;
wnchilds@xxxxxxxxxxx; legislation@xxxxxxxxxxxxxxxxxxx;
conservation@xxxxxxxxxxxxxxxxxxx
*Subject:* DGIF Regulation Process
As some of you may be aware, the VDGIF Board proposed 3 regulation
amendments on March 1 that take a stance against the feeding of wildlife:
(1) Unauthorized feeding of bear (strengthened wording of existing reg.) -
http://www.dgif.virginia.gov/regulations/comment/expand.asp?VAC=040-282
(2) Unauthorized feeding of deer (extended the ban from 4 mos to 11 mos) -
http://www.dgif.virginia.gov/regulations/comment/expand.asp?VAC=040-285
(3) Unauthorized feeding of wildlife (prohibits feeding of any wildlife when
it creates problems) -
http://www.dgif.virginia.gov/regulations/comment/expand.asp?VAC=040-286
A public comment period on the regulatory proposal opened March 4, 2011 and
closes at 5:00 PM on April 15, 2011. The Board will consider the proposal
for possible adoption as final regulation amendments at its May 3, 2011
meeting. Written comments on the proposed regulation amendments should be
submitted online at www.dgif.virginia.gov, or may be emailed to
regcomments@xxxxxxxxxxxxxxxxx or postal mailed to the Virginia Department of
Game and Inland Fisheries, Attn. Policy Analyst and Regulatory Coordinator,
4016 West Broad Street, Richmond, Virginia 23230, and received no later than
April 15, 2011.
I just wanted to make sure you were aware of these.
Jeff
Jeffrey B. Trollinger
Bureau Services Deputy Director
Bureau of Wildlife Resources
Virginia Department of Game and Inland Fisheries
4010 West Broad Street
Richmond, Virginia 23230-1104
ph: (804) 367-8747
cell: (804) 363-2268
Fax: (804) 367-2427
jeff.trollinger@xxxxxxxxxxxxxxxxx
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