Vol. 29 Iss. 9 - December 31, 2012

Chapter 20
Final Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife. The department is required by § 2.2-4031 of the Code of Virginia to publish all proposed and final wildlife management regulations, including length of seasons and bag limits allowed on the wildlife resources within the Commonwealth of Virginia.

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.

Effective Date: January 1, 2013.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4010 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email


The 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.

Changes since publication of the proposed remove (i) the Virginia northern flying squirrel and (ii) the snuffbox, spectaclecase, and sheeprose molluscs from the list of endangered or threatened species in 13VAC15-20-130.

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 vehicle ] 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 August 13, ] 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:


Dace, Tennessee

Phoxinus tennesseensis

Darter, sharphead

Etheostoma acuticeps


Etheostoma variatum

Sunfish, blackbanded

Enneacanthus chaetodon


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


Polyodon spathula

Shiner, emerald

Notropis atherinoides

Shiner, steelcolor

Cyprinella whipplei

Shiner, whitemouth

Notropis alborus

2. Amphibians:


Salamander, eastern tiger

Ambystoma tigrinum tigrinum


Salamander, Mabee's

Ambystoma mabeei

Treefrog, barking

Hyla gratiosa

3. Reptiles:


Rattlesnake, canebrake (Coastal Plain population of timber rattlesnake)

Crotalus horridus

Turtle, bog

Glyptemys muhlenbergii

Turtle, eastern chicken

Deirochelys reticularia reticularia


Lizard, eastern glass

Ophisaurus ventralis

Turtle, wood

Glyptemys insculpta

4. Birds:


Plover, Wilson's

Charadrius wilsonia

Rail, black

Laterallus jamaicensis

Wren, Bewick's

Thryomanes bewicki bewickii


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:


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


Shrew, Dismal Swamp southeastern

Sorex longirostris fisheri

6. Molluscs:


Ghostsnail, thankless

Holsingeria unthanksensis

Coil, rubble

Helicodiscus lirellus

Coil, shaggy

Helicodiscus diadema


Truncilla truncata


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


Pigtoe, pyramid

Pleurobema rubrum

[ Snuffbox ]

[ Epioblasma triquetra ]

Springsnail, Appalachian

Fontigens bottimeri

Springsnail (no common name)

Fonitgens morrisoni

[ Spectaclecase ]

[ Cumberlandia monodonta ]

Supercoil, spirit

Paravitrea hera


Floater, green

Lasmigona subviridis

Papershell, fragile

Leptodea fragilis

Pearlymussel, slabside

Lexingtonia dolabelloides

Pigtoe, Atlantic



Quadrula pustulosa pustulosa


Tritogonia verrucosa

Riversnail, spiny


Sandshell, black

Ligumia recta

[ Sheepnose ]

[ Plethobasus cyphyus ]

Supercoil, brown

Paravitrea septadens

7. Arthropods:


Amphipod, Madison Cave

Stygobromus stegerorum

Pseudotremia, Ellett Valley

Pseudotremia cavernarum

Xystodesmid, Laurel Creek

Sigmoria whiteheadi

8. Crustaceans:


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.


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.

VA.R. Doc. No. R12-3325; Filed December 5, 2012, 4:57 p.m.