TITLE 4. CONSERVATION AND NATURAL RESOURCES
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF WILDLIFE RESOURCES
Proposed Regulation
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 4VAC15-20-50, 4VAC15-20-130).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Public Hearing Information:
August 22, 2024 - 9 a.m. - Department of Wildlife Resources, 7870 Villa Park Drive, Henrico, VA 23228.
Public Comment Deadline: September 10, 2024.
Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.
Summary:
The proposed amendments (i) update the department's "List of Native and Naturalized Fauna of Virginia" and the federal Endangered and Threatened Animal Species list incorporated by reference; and (ii) add "domesticated morphs of red cornsnake" to the definition of "domestic animal."
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 2022 2024 "List of Native and Naturalized Fauna of Virginia," with copies available in the 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 2022 2024 "List of Native and Naturalized Fauna of Virginia," with copies available in the 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).
Domesticated morphs of red cornsnake (Pantherophis guttatus) visibly distinguishable from native red cornsnakes based on their unique colors and patterns.
"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 these animals, 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 thereof.
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.
4VAC15-20-130. 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 December 28, 2022 April 1, 2024, 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 the 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, 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
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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
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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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Pimpleback
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Quadrula 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 December 8, 2022
List of Native and Naturalized Fauna of Virginia, May 2024, Virginia Department of Wildlife Resources
Federal Endangered and Threatened Animal Species as of April 1, 2024
VA.R. Doc. No. R24-7956; Filed July 15, 2024