TITLE 4. CONSERVATION AND NATURAL RESOURCES
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.
Title of Regulation: 4VAC15-20. Definitions and Miscellaneous: In General (amending 4VAC15-20-130).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Public Hearing Information:
January 21, 2016 - 9 a.m. - Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228.
Public Comment Deadline: January 08, 2016.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The proposed amendments (i) update the date reference to the federal list of endangered and threatened wildlife species; (ii) update the Virginia List of Endangered and Threatened Species to add the little brown bat and the tri-colored bat as endangered species and remove the state-threatened upland sandpiper and Dismal Swamp southeastern shrew to reflect their status in Virginia more accurately; and (iii) describe certain activities in which incidental take of the little brown bat and the tri-colored bat may occur that may be conducted without a permit from the department, provided that the activities are performed in certain manners.
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 May 20, 2014 October 2, 2015, 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 of this section, 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, sickle | Percina willliamsi |
| | 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 |
| | | |
VA.R. Doc. No. R16-4615; Filed December 21, 2015, 10:29 a.m.