TITLE 4. CONSERVATION AND NATURAL RESOURCES
REGISTRAR'S NOTICE: The Board of Wildlife Resources 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 4VAC15-20-66, 4VAC15-20-130).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Public Hearing Information:
May 25, 2023 - 9 a.m. - Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, Virginia 23228.
Public Comment Deadline: May 24, 2023.
Agency Contact: Cale Godfrey, Assistant Director, Wildlife Division, Department of Wildlife Resources, 7870 Villa Park Drive, Henrico, VA 23228, telephone (804) 308-4210, or email cale.godfrey@dwr.virginia.gov.
Summary:
Pursuant to Chapters 33 and 34 of the 2022 Acts of Assembly, one of the proposed amendments removes the requirement for a permit to use a department-owned boat access site. Additional proposed amendments update the version of the Federal Endangered and Threatened Species List incorporated by reference into the regulation and update the Virginia-specific list of endangered and threatened species by removing the sickle darter and Atlantic pigtoe mussel, which are now included on the federal list.
4VAC15-20-66. Admittance, parking, or other use fee at certain department-owned and department-managed facilities.
A. Pursuant to the authority of the board under subdivision 14 of § 29.1-103 (14) of the Code of Virginia and in accordance with § 29.1-113 of the Code of Virginia, a daily fee of $3.00 or an annual fee equal to the price of an annual basic state resident fishing or hunting license is established for admittance, parking, or other use at department-owned or department-managed lands, boat launch sites, and public fishing lakes. Such fee shall not apply to (i) any person holding a valid hunting, trapping, or fishing license, or a current certificate of boat registration issued by the department; (ii) persons 16 years of age or younger; or (iii) any person who is a passenger in but not the owner or operator of a paddlecraft or registered vessel the use of department-owned boat ramps.
B. Any person violating this section may be assessed a civil penalty of $50 in lieu of any criminal penalty.
C. The director may waive fees for any person, group, or organization whenever such action is deemed to be in the department's interest. Any or all facilities may be closed by the director without notice due to an emergency or natural disaster. Full refunds or credits may be issued whenever the closure prevents any use of the facility during the term of the permit. Partial refunds of fees may be made in the interest of providing better customer service.
D. The director may allow deviations from established fees in the form of discounts or special promotions for the purpose of stimulating visitation and use of departmental facilities.
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 30, 2021 December 28, 2022, 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:
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1. Fish:
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Endangered:
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Dace, Clinch
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Chrosomus sp. cf. saylori
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Dace, Tennessee
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Phoxinus tennesseensis
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Darter, sharphead
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Etheostoma acuticeps
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Darter, variegate
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Etheostoma variatum
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Sunfish, blackbanded
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Enneacanthus chaetodon
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Threatened:
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Darter, Carolina
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Etheostoma collis
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Darter, golden
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Etheostoma denoncourti
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Darter, greenfin
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Etheostoma chlorobranchium
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Darter, sickle
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Percina willliamsi
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Darter, western sand
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Ammocrypta clara
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Madtom, orangefin
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Noturus gilberti
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Paddlefish
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Polyodon spathula
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Shiner, emerald
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Notropis atherinoides
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Shiner, steelcolor
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Cyprinella whipplei
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Shiner, whitemouth
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Notropis alborus
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2. Amphibians:
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Endangered:
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Salamander, eastern tiger
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Ambystoma tigrinum
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Threatened:
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Salamander, Mabee's
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Ambystoma mabeei
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3. Reptiles:
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Endangered:
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Rattlesnake, canebrake (Coastal Plain population of timber rattlesnake)
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Crotalus horridus
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Turtle, bog
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Glyptemys muhlenbergii
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Turtle, eastern chicken
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Deirochelys reticularia reticularia
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Threatened:
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Lizard, eastern glass
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Ophisaurus ventralis
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Turtle, wood
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Glyptemys insculpta
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4. Birds:
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Endangered:
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Plover, Wilson's
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Charadrius wilsonia
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Rail, black
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Laterallus jamaicensis
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Woodpecker, red-cockaded
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Dryobates borealis
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Wren, Bewick's
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Thryomanes bewickii bewickii
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Threatened:
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Falcon, peregrine
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Falco peregrinus
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Shrike, loggerhead
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Lanius ludovicianus
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Sparrow, Bachman's
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Aimophila aestivalis
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Sparrow, Henslow's
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Ammodramus henslowii
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Tern, gull-billed
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Sterna nilotica
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5. Mammals:
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Endangered:
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Bat, Rafinesque's eastern big-eared
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Corynorhinus rafinesquii macrotis
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Bat, little brown
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Myotis lucifugus
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Bat, tri-colored
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Perimyotis subflavus
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Hare, snowshoe
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Lepus americanus
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Shrew, American water
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Sorex palustris
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Vole, rock
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Microtus chrotorrhinus
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6. Mollusks:
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Endangered:
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Coil, rubble
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Helicodiscus lirellus
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Coil, shaggy
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Helicodiscus diadema
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Deertoe
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Truncilla truncata
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Elephantear
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Elliptio crassidens
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Elimia, spider
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Elimia arachnoidea
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Floater, brook
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Alasmidonta varicosa
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Ghostsnail, thankless
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Holsingeria unthanksensis
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Heelsplitter, Tennessee
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Lasmigona holstonia
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Lilliput, purple
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Toxolasma lividus
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Mussel, slippershell
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Alasmidonta viridis
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Pigtoe, Ohio
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Pleurobema cordatum
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Pigtoe, pyramid
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Pleurobema rubrum
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Springsnail, Appalachian
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Fontigens bottimeri
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Springsnail (no common name)
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Fontigens morrisoni
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Supercoil, spirit
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Paravitrea hera
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Threatened:
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Floater, green
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Lasmigona subviridis
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Papershell, fragile
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Leptodea fragilis
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Pigtoe, Atlantic
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Fusconaiamasoni
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Pimpleback
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Quadrula pustulosa pustulosa
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Pistolgrip
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Tritogonia verrucosa
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Riversnail, spiny
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Iofluvialis
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Sandshell, black
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Ligumia recta
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Supercoil, brown
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Paravitrea septadens
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7. Arthropods:
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Threatened:
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Amphipod, Madison Cave
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Stygobromus stegerorum
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Pseudotremia, Ellett Valley
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Pseudotremia cavernarum
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Xystodesmid, Laurel Creek
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Sigmoria whiteheadi
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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:
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Species
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Location
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Allowable Circumstances
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Required Conservation Measures
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Expected Incidental Take
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Little brown bat
Tri-colored bat
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Statewide
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Human health risk – need for removal of individual animals from human-habited structures.
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Between May 15 and August 31, no exclusion of bats from maternity colonies, except for human health concerns.
Department-permitted nuisance wildlife control operator with department-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.
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Little to no direct lethal taking expected.
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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.
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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.
Department-permitted nuisance wildlife control operator with department-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.
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Little to no direct lethal taking expected.
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DOCUMENTS INCORPORATED BY REFERENCE (4VAC15-20)
List of Native and Naturalized Fauna of Virginia, April 2022, Virginia Department of Wildlife Resources
Federal Endangered and Threatened Animal Species as of May 7, 2019
Federal Endangered and Threatened Animal Species as of December 8, 2022
VA.R. Doc. No. R23-7525; Filed May 15, 2023