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 4VAC15-20-50, 4VAC15-20-65, 4VAC15-20-130; adding 4VAC15-20-240).
Statutory Authority: §§ 29.1-103 and 29.1-501 of the Code of Virginia.
Effective Date: July 1, 2019.
Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dgif.virginia.gov.
Summary:
The amendments (i) update department headquarters references, (ii) prohibit use of drones for certain activities, and (iii) increase license fees.
4VAC15-20-50. Definitions; "wild animal," "native animal," "naturalized animal," "nonnative (exotic) animal," and "domestic animal."
A. 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 2018 "List of Native and Naturalized Fauna of Virginia," with copies available in the Richmond headquarters and regional offices of the department.
"Naturalized animal" means those species and subspecies of animals not originally native to Virginia that have established wild, self-sustaining populations, as included in the department's 2018 "List of Native and Naturalized Fauna of Virginia," with copies available in the Richmond headquarters 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), including pot-bellied pig and excluding any swine that are wild or for which no claim of ownership can be made.
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 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 breeds of European rabbit (Oryctolagus cuniculus) recognized by the American Rabbit Breeders Association, Inc. and any lineage resulting from crossbreeding recognized breeds. A list of recognized rabbit breeds is available on the department's website.
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.
B. Exception for red foxes and European rabbits. Domesticated red foxes (Vulpes vulpes) having coat colors distinguishable from wild red foxes and wild European rabbits possessed in captivity on July 1, 2017, may be maintained in captivity until the animal dies, but the animal may not be bred or sold without a permit from the department. Persons possessing domesticated red foxes or European rabbits without a permit from the department must declare such possession in writing to the department by January 1, 2018. This written declaration must include the number of individual animals in possession and date acquired, sex, estimated age, coloration, and a photograph of each fox or European rabbit. This written declaration shall (i) serve as a permit for possession only, (ii) is not transferable, and (iii) must be renewed every five years.
4VAC15-20-65. Hunting, trapping, and fishing license and permit fees.
In accordance with the authority of the board under subdivision 16 of § 29.1-103 of the Code of Virginia, the following fees are established for hunting, trapping, and fishing licenses and permits:
Virginia Resident Licenses to Hunt |
Type license | Fee |
1-yearOne-year Resident License to Hunt, for licensees 16 years of age or older
| $22.00 |
2-yearTwo-year Resident License to Hunt, for licensees 16 years of age or older
| $43.00 |
3-yearThree-year Resident License to Hunt, for licensees 16 years of age or older
| $64.00 |
4-yearFour-year Resident License to Hunt, for licensees 16 years of age or older
| $85.00 |
County or City Resident License to Hunt in County or City of Residence Only, for licensees 16 years of age or older | $15.00 |
Resident Senior Citizen Annual License to Hunt, for licensees 65 years of age or older | $8.00 |
Resident Junior License to Hunt, for licensees 12 through 15 years of age, optional for licenseesunderyounger than 12 years of age | $7.50 |
Resident Youth Combination License to Hunt, and to hunt bear, deer, and turkey, to hunt with archery equipment during archery hunting season, and to hunt with muzzleloading guns during muzzleloading hunting season, for licenseesunderyounger than 16 years of age | $15.00 |
Resident Sportsman License to Hunt and Freshwater Fish, and to hunt bear, deer, and turkey, to hunt with archery equipment during archery hunting season, to hunt with muzzleloading guns during muzzleloading hunting season, to fish in designated stocked trout waters (also listed under Virginia Resident Licenses to Fish) | $132.00 [ $109.00 $99.00 ]
|
Resident Hunting License for Partially Disabled Veterans | $11.00 |
Resident Infant Lifetime License to Hunt | $130.00 |
Resident Junior Lifetime License to Hunt, for licenseesunderyounger than 12 years of age at the time of purchase | $255.00$260.00
|
Resident Lifetime License to Hunt, for licensees at the time of purchase: | |
through 44 years of age | $260.00$265.00
|
45 through 50 years of age | $210.00$215.00
|
51 through 55 years of age | $160.00$165.00
|
56 through 60 years of age | $110.00$115.00
|
61 through 64 years of age | $60.00$65.00
|
65 years of age andoverolder | $20.00$25.00
|
Resident Hunting License for Partially Disabled Veterans
| $11.00
|
Totally and Permanently Disabled Resident Special Lifetime License to Hunt | $15.00 |
Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Hunt or Freshwater Fish (also listed under Virginia Resident Licenses to Fish) | no fee |
Virginia Resident Licenses for Additional Hunting Privileges |
Type license or permit | Fee |
Resident Deer and Turkey Hunting License, for licensees 16 years of age or older | $22.00 |
Resident Junior Deer and Turkey Hunting License, for licenseesunderyounger than 16 years of age | $7.50 |
Resident Archery License to Hunt with archery equipment during archery hunting season | $17.00 |
Resident Bear Hunting License | $20.00 |
Resident Muzzleloading License to Hunt during muzzleloading hunting season | $17.00 |
Resident Bonus Deer Permit | $17.00 |
Resident Fox Hunting License to hunt foxes on horseback with hounds without firearms (not required of an individual holding a general License to Hunt) | $22.00 |
Virginia Nonresident Licenses to Hunt |
Type license | Fee |
Nonresident License to Hunt, for licensees 16 years of age or older | $110.00 |
Nonresident Three-Day Trip License to Hunt | $59.00 |
Nonresident Youth License to Hunt, for licensees: | |
underyounger than 12 years of age
| $12.00 |
12 through 15 years of age | $15.00 |
Nonresident Youth Combination License to Hunt, and to hunt bear, deer, and turkey, to hunt with archery equipment during archery hunting season, and to hunt with muzzleloading guns during muzzleloading hunting season, for licenseesunderyounger than 16 years of age | $30.00 |
Nonresident Annual Hunting License for Partially Disabled Veterans | $55.00 |
Nonresident Annual Hunting License for Totally and Permanently Disabled Veterans | $27.50 |
Nonresident Infant Lifetime License to Hunt | $275.00 |
Nonresident Lifetime License to Hunt | $555.00$580.00
|
Virginia Nonresident Licenses for Additional Hunting Privileges |
Type license or permit | Fee |
Nonresident Deer and Turkey Hunting License, for licensees: | |
16 years of age or older | $85.00 |
12 through 15 years of age | $15.00 |
underyounger than 12 years of age
| $12.00 |
Nonresident Bear Hunting License | $150.00 |
Nonresident Archery License to Hunt with archery equipment during archery hunting season | $30.00 |
Nonresident Muzzleloading License to Hunt during muzzleloading hunting season | $30.00 |
Nonresident Shooting Preserve License to Hunt within the boundaries of a licensed shooting preserve | $22.00 |
Nonresident Bonus Deer Permit | $30.00 |
Nonresident Fox Hunting License to hunt foxes on horseback with hounds without firearms (not required of an individual holding a general License to Hunt) | $110.00 |
Miscellaneous Licenses or Permits to Hunt |
Type license or permit | Fee |
Waterfowl Hunting Stationary Blind in Public Waters License | $22.50 |
Waterfowl Hunting Floating Blind in Public Waters License | $40.00 |
Foxhound Training Preserve License | $17.00 |
Public Access Lands for Sportsmen Permit to Hunt, Trap, or Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits to Fish) | [ $17.00$22.00 ] |
Virginia Resident and Nonresident Licenses to Trap |
Type license | Fee |
1-yearOne-year Resident License to Trap, for licensees 16 years of age or older
| $45.00 |
2-yearTwo-year Resident License to Trap, for licensees 16 years of age or older
| $89.00 |
3-yearThree-year Resident License to Trap, for licensees 16 years of age or older
| $133.00 |
4-yearFour-year Resident License to Trap, for licensees 16 years of age or older
| $177.00 |
County or City Resident License to Trap in County or City of Residence Only | $20.00 |
Resident Junior License to Trap, for licenseesunderyounger than 16 years of age | $10.00 |
Resident Senior Citizen License to Trap, for licensees 65 years of age or older | $8.00 |
Resident Senior Citizen Lifetime License to Trap, for licensees 65 years of age or older | $20.00$25.00
|
Totally and Permanently Disabled Resident Special Lifetime License to Trap | $15.00 |
Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Trap | $15.00 |
Nonresident License to Trap | $205.00 |
Virginia Resident Licenses to Fish |
Type license | Fee |
1-yearOne-year Resident License to Freshwater Fish
| $22.00 |
2-yearTwo-year Resident License to Freshwater Fish
| $43.00 |
3-yearThree-year Resident License to Freshwater Fish
| $64.00 |
4-yearFour-year Resident License to Freshwater Fish
| $85.00 |
County or City Resident License to Freshwater Fish in County or City of Residence Only | $15.00 |
Resident License to Freshwater Fish, for licensees 65 years of age or older | $8.00 |
Resident License to Fish in Designated Stocked Trout Waters | $22.00 |
Resident License to Freshwater and Saltwater Fish | $38.50 |
Resident License to Freshwater Fish for Five Consecutive Days | $13.00 |
Resident License to Freshwater and Saltwater Fish for Five Consecutive Days | $23.00 |
Resident Sportsman License to Hunt and Freshwater Fish, and to hunt bear, deer, and turkey, to hunt with archery equipment during archery hunting season, to hunt with muzzleloading guns during muzzleloading hunting season, to fish in designated stocked trout waters (also listed under Virginia Resident Licenses to Hunt) | $132.00 [ $109.00$99.00 ]
|
Resident Fishing License for Partially Disabled Veterans | $11.00 |
Resident Infant Lifetime License to Fish | $130.00 |
Resident Special Lifetime License to Freshwater Fish, for licensees at the time of purchase: | |
through 44 years of age | $260.00$265.00
|
45 through 50 years of age | $210.00$215.00
|
51 through 55 years of age | $160.00$165.00
|
56 through 60 years of age | $110.00$115.00
|
61 through 64 years of age | $60.00$65.00
|
65 years of age andoverolder | $20.00$25.00
|
Resident Special Lifetime License to Fish in Designated Stocked Trout Waters, for licensees at the time of purchase: | |
through 44 years of age | $260.00$265.00
|
45 through 50 years of age | $210.00$215.00
|
51 through 55 years of age | $160.00$165.00
|
56 through 60 years of age | $110.00$115.00
|
61 through 64 years of age | $60.00$65.00
|
65 years of age andoverolder | $20.00$25.00
|
Resident Fishing License for Partially Disabled Veterans
| $11.00
|
Totally and Permanently Disabled Resident Special Lifetime License to Freshwater Fish | $15.00 |
Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Hunt and Freshwater Fish (also listed under Virginia Resident Licenses to Hunt) | no fee |
Virginia Nonresident Licenses to Fish |
Type license | Fee |
Nonresident License to Freshwater Fish | $46.00 |
Nonresident License to Freshwater Fish in Designated Stocked Trout Waters | $46.00 |
Nonresident License to Freshwater and Saltwater Fish | $70.00 |
Nonresident Fishing License for Partially Disabled Veterans | $23.00 |
Nonresident Annual Fishing License for Totally and Permanently Disabled Veterans | $11.50 |
Nonresident License to Freshwater Fish for One Day | $7.00 |
Nonresident License to Freshwater Fish for Five Consecutive Days | $20.00 |
Nonresident License to Freshwater and Saltwater Fish for Five Consecutive Days | $30.00 |
Nonresident Infant Lifetime License to Fish | $275.00 |
Nonresident Special Lifetime License to Freshwater Fish | $555.00$580.00
|
Nonresident Special Lifetime License to in Fish in Designated Stocked Trout Waters | $555.00$580.00
|
Miscellaneous Licenses or Permits to Fish |
Type license or permit | Fee |
Permit to Fish for One Day at Board-Designated Stocked Trout Fishing Areas with Daily Use Fees | $7.00 |
Public Access Lands for Sportsmen Permit to Hunt, Trap, or Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits to Hunt) | $17.00 |
Special Guest Fishing License | $60.00 |
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 August 4, 2016 [ February 26, May 7 ], 2019, and declares all species listed thereon to be endangered or threatened species in the Commonwealth. Pursuant to subdivision 12 of § 29.1-103 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 |
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 bewickii bewickii |
Threatened: |
| Falcon, peregrine | Falco peregrinus |
| 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 |
| Bat, little brown | Myotis lucifugus |
| Bat, tri-colored | Perimyotis subflavus |
| Hare, snowshoe | Lepus americanus |
| Shrew, American water | Sorex palustris |
| Vole, rock | Microtus chrotorrhinus |
6. Mollusks: |
Endangered: |
| Coil, rubble | Helicodiscus lirellus |
| Coil, shaggy | Helicodiscus diadema |
| Deertoe | Truncilla truncata |
| Elephantear | Elliptio crassidens |
| Elimia, spider | Elimia arachnoidea |
| Floater, brook | Alasmidonta varicosa |
| Ghostsnail, thankless | Holsingeria unthanksensis |
| Heelsplitter, Tennessee | Lasmigona holstonia |
| Lilliput, purple | Toxolasma lividus |
| Mussel, slippershell | Alasmidonta viridis |
| Pigtoe, Ohio | Pleurobema cordatum |
| Pigtoe, pyramid | Pleurobema rubrum |
| Springsnail, Appalachian | Fontigens bottimeri |
| Springsnail (no common name) | Fontigens morrisoni |
| Supercoil, spirit | Paravitrea hera |
Threatened: |
| Floater, green | Lasmigona subviridis |
| Papershell, fragile | Leptodea fragilis |
| Pigtoe, Atlantic | Fusconaiamasoni |
| Pimpleback | Quadrula pustulosa pustulosa |
| Pistolgrip | Tritogonia verrucosa |
| Riversnail, spiny | Iofluvialis |
| Sandshell, black | Ligumia recta |
| Supercoil, brown | Paravitrea septadens |
7. Arthropods: |
Threatened: |
| Amphipod, Madison Cave | Stygobromus stegerorum |
| Pseudotremia, Ellett Valley | Pseudotremia cavernarum |
| Xystodesmid, Laurel Creek | Sigmoria whiteheadi |
| | | |
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.
D. The incidental take of certain species may occur in certain circumstances and with the implementation of certain conservation practices as described in this subsection:
Species | Location | Allowable Circumstances | Required Conservation Measures | Expected Incidental Take |
Little brown bat Tri-colored bat | Statewide | Human health risk – need for removal of individual animals from human-habited structures. | Between May 15 and August 31, no exclusion of bats from maternity colonies, except for human health concerns. DGIF-permitted nuisance wildlife control operator with DGIF-recognized certification in techniques associated with removal of bats. Use of exclusion devices that allow individual animals to escape. Manual collection of individual animals incapable of sustaining themselves; transport to a willing and appropriately permitted wildlife rehabilitator. | Little to no direct lethal taking expected. |
Public safety or property damage risk – need for tree removal, application of prescribed fire, or other land management actions affecting known roosts; removal of animals from known roosts. | Hibernacula: no tree removal, use of prescribed fire, or other land management action within a 250-foot radius buffer area from December 1 through April 30. Between September 1 and November 30, increase the buffer to a 1/4‑mile radius with the following conditions: for timber harvests greater than 20 acres, retain snags and wolf trees (if not presenting public safety or property risk) and small tree groups up to 15 trees of 3-inch diameter at breast height (dbh) or greater, one tree group per 20 acres. Otherwise, document the need (public safety, property damage risk) for tree removal during this period and verify that no known roost trees exist in the buffer area. Tree removal and prescribed fire are permitted outside of these dates. Known roost trees: no tree removal, use of prescribed fire, or other land management action within a 150-foot radius buffer area from June 1 through July 31, if possible. Otherwise, document public safety or property damage risk. DGIF-permitted nuisance wildlife control operator with DGIF-recognized certification in techniques associated with removal of bats. Use of exclusion devices that allow individual animals to escape. Manual collection of individual animals incapable of sustaining themselves; transport to a willing and appropriately permitted wildlife rehabilitator. | Little to no direct lethal taking expected. |
Facility or project operations when conducted in accordance with a DGIF-approved plan associated with these species. | Development and implementation of a plan that avoids, minimizes, and mitigates incidental take associated with an otherwise lawful activity. The plan shall include, but not be limited to, documenting the specific condition or action, the specific mitigation to be taken, and the expected incidental take. | Little to no direct lethal taking expected. |
4VAC15-20-240. Use of drones for certain activities prohibited.
A. Except as authorized by the director or the director's designee, it shall by unlawful at any time for any person to use a drone or unmanned aircraft:
1. To hunt, take, or kill a wild animal or to drive or herd any wild animal for the purpose of hunting, trapping, or killing.
2. To attempt to locate, surveil, aid, or assist in the hunting of any wild animal.
3. To harass any wild animal. For the purposes of this section, "harass" means any action that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns, which include breeding, feeding, or sheltering.
4. On department-owned lands, except that department employees and contractors or agents acting on behalf of the department may use drones or other unmanned aircraft when addressing human safety, law enforcement, management, or other needs approved by the department.
B. No part of this section shall be construed to restrict the use of drones or other unmanned aircraft for wildlife management activities conducted or authorized by the department; by [ United States government agency ] employees [ of the United States government or any of its agencies ] whose responsibility includes fisheries and wildlife management; or by county, city, or town animal control officers in the performance of their official duties [ related to public health concerns or problem wildlife ].
DOCUMENTS INCORPORATED BY REFERENCE (4VAC15-20)
List of Native and Naturalized Fauna of Virginia, 2018, Virginia Department of Game and Inland Fisheries
Federal Endangered and Threatened Animal Species as of August 4, 2016
[ Federal Endangered and Threatened Animal Species as of February 26, 2019
Federal Endangered and Threatened Animal Species as of May 7, 2019 ]
VA.R. Doc. No. R19-5933; Filed June 5, 2019, 2:32 p.m.