Title of Regulation: 4VAC15-20. Definitions and Miscellaneous: in General (amending 4VAC15-20-50, 4VAC15-20-100, 4VAC15-20-130, 4VAC15-20-210).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Public Hearing Information:

August 14, 2012 - 9 a.m. - Department of Game and Inland Fisheries, 4000 West Broad Street, Richmond, VA

Public Comment Deadline: August 4, 2012.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.

Summary:

The proposed amendments (i) update the department's "List of Native and Naturalized Fauna of Virginia," consistent with current scientific and common names and knowledge of the wildlife of the Commonwealth; (ii) revise the definition of "wheelchair," define "other power-driven mobility devices," and comply with the provisions of the Americans with Disabilities Act of 1990 as pertains to the use of such devices on department-owned lands; (iii) add the black rail to the Virginia List of Endangered and Threatened Species, thereby prohibiting the taking, transportation, possession, or sale of these rare native species without a permit, remove the bald eagle from that list, and adopt the updated and modified federal list of endangered and threatened wildlife species; and (iv) add the marbled crayfish to the list of Nonindigenous Aquatic Nuisance Species whose introduction into Virginia would be detrimental to the native fish and wildlife or the economy of the Commonwealth, thereby prohibiting the importation, possession, transportation, sale, and release of this species within Virginia without a permit.

4VAC15-20-50. Definitions; "wild animal," "native animal," "naturalized animal," "nonnative (exotic) animal" and "domestic animal."

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 2010 2012 "List of Native and Naturalized Fauna of Virginia," with copies available in the Richmond and regional offices of the department.

"Naturalized animal" means those species and subspecies of animals not originally native to Virginia which have established wild, self-sustaining populations, as included in the department's 2010 2012 "List of Native and Naturalized Fauna of Virginia," with copies available in the Richmond 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 domestica), including pot-bellied pig.

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 red fox (Vulpes) where their coat color can be distinguished from wild red fox.

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 races of European rabbit (Oryctolagus cuniculus).

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).

"Wild animal" means any member of the animal kingdom, except domestic animals, including without limitation any native, naturalized, or nonnative (exotic) mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any hybrid of them, except as otherwise specified in regulations of the board, or part, product, egg, or offspring of them, or the dead body or parts of them.

4VAC15-20-100. Prohibited use of vehicles on department-owned lands.

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. Any motor-driven conveyance 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. A motorized wheelchair suitable for use in an indoor pedestrian area is not considered a motorized vehicle and, therefore, is not covered by any restrictions on the use of motorized vehicles on department-owned lands. For purposes of this section, the term "wheelchair" means a device designed solely for use by a mobility-impaired person for locomotion that is suitable for use in an indoor pedestrian area. 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).

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.

4VAC15-20-130. Endangered and threatened species; adoption of federal list; additional species enumerated.

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 April 6, 2012, and declares all species listed thereon to be endangered or threatened species in the Commonwealth. 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 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.

B. In addition to the provisions of subsection A, the following species are declared endangered or threatened in this 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, 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, longhead			Percina macrocephala
		Darter, western sand			Ammocrypta clara
		Madtom, orangefin			Noturus gilberti
		Paddlefish			Polyodon spathula
		Shiner, emerald			Notropis atherinoides
		Shiner, steelcolor			Cyprinella whipplei
		Shiner, whitemouth			Notropis alborus
2. Amphibians:
	Endangered:
		Salamander, eastern tiger			Ambystoma tigrinum tigrinum
	Threatened:
		Salamander, Mabee's			Ambystoma mabeei
		Treefrog, barking			Hyla gratiosa
3. Reptiles:
	Endangered:
		Rattlesnake, canebrake (Coastal Plain population of timber rattlesnake)			Crotalus horridus
		Turtle, bog			Glyptemys muhlenbergii
		Turtle, eastern chicken			Deirochelys reticularia reticularia
	Threatened:
		Lizard, eastern glass			Ophisaurus ventralis
		Turtle, wood			Glyptemys insculpta
4. Birds:
	Endangered:
		Plover, Wilson's			Charadrius wilsonia
		Rail, black			Laterallus jamaicensis
		Wren, Bewick's			Thryomanes bewicki bewickii
	Threatened:
		Eagle, bald			Haliaeetus leucocephalus
		Falcon, peregrine			Falco peregrinus
		Sandpiper, upland			Bartramia longicauda
		Shrike, loggerhead			Lanius ludovicianus
		Sparrow, Bachman's			Aimophila aestivalis
		Sparrow, Henslow's			Ammodramus henslowii
		Tern, gull-billed			Sterna nilotica
5. Mammals:
	Endangered:
		Bat, Rafinesque's eastern big-eared			Corynorhinus rafinesquii macrotis
		Hare, snowshoe			Lepus americanus
		Shrew, American water			Sorex palustris
		Squirrel, Virginia northern flying			Glaucomys sabrinus fuscus
		Vole, rock			Microtus chrotorrhinus
	Threatened:
		Shrew, Dismal Swamp southeastern			Sorex longirostris fisheri
6. Molluscs:
	Endangered:
		Ghostsnail, thankless			Holsingeria unthanksensis
		Coil, rubble			Helicodiscus lirellus
		Coil, shaggy			Helicodiscus diadema
		Deertoe			Truncilla truncata
		Elephantear			Elliptio crassidens
		Elimia, spider			Elimia arachnoidea
		Floater, brook			Alasmidonta varicosa
		Heelsplitter, Tennessee			Lasmigona holstonia
		Lilliput, purple			Toxolasma lividus
		Mussel, slippershell			Alasmidonta viridis
		Pigtoe, Ohio cordatum			Pleurobema
		Pigtoe, pyramid			Pleurobema rubrum
		Snuffbox			Epioblasma triquetra
		Springsnail, Appalachian			Fontigens bottimeri
		Springsnail (no common name)			Fonitgens morrisoni
		Spectaclecase			Cumberlandia monodonta
		Supercoil, spirit			Paravitrea hera
	Threatened:
		Floater, green			Lasmigona subviridis
		Papershell, fragile			Leptodea fragilis
		Pearlymussel, slabside			Lexingtonia dolabelloides
		Pigtoe, Atlantic			Fusconaiamasoni
		Pimpleback			Quadrula pustulosa pustulosa
		Pistolgrip			Tritogonia verrucosa
		Riversnail, spiny			Iofluvialis
		Sandshell, black			Ligumia recta
		Sheepnose			Plethobasus cyphyus
		Supercoil, brown			Paravitrea septadens
7. Arthropods:
	Threatened:
			Amphipod, Madison Cave		Stygobromus stegerorum
			Pseudotremia, Ellett Valley		Pseudotremia cavernarum
			Xystodesmid, Laurel Creek		Sigmoria whiteheadi
8. Crustaceans:
	Endangered:
			Crayfish, Big Sandy	Cambarus veteranus

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.

4VAC15-20-210. Definitions; nonindigenous aquatic nuisance species.

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. Fish.

a. Black carp (Mylopharyngodon piceus) .

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)

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.

DOCUMENTS INCORPORATED BY REFERENCE (4VAC15-20)

2010 List of Native and Naturalized Fauna of Virginia, Virginia Department of Game and Inland Fisheries.

List of Native and Naturalized Fauna of Virginia, March 2012, Virginia Department of Game and Inland Fisheries.